* § 18. Access to patient information. 1. Definitions. For the purpose\nof this section:\n (a) "Committee" means a medical access review committee appointed\npursuant to subdivision four of this section.\n (b) "Health care provider" or "provider" means a "health care\nfacility" or a "health care practitioner" as defined by this\nsubdivision.\n (c) "Health care facility" or "facility" means a hospital as defined\nin article twenty-eight of this chapter, a home care services agency as\ndefined in article thirty-six of this chapter, a hospice as defined in\narticle forty of this chapter, a health maintenance organization as\ndefined in article forty-four of this chapter, and a shared health\nfacility as defined in article forty-seven of this chapter.\n (d) "Health care practitioner" or "practitioner" means a person\nlicensed under article one hundred thirty-one, one hundred thirty-one-B,\none hundred thirty-two, one hundred thirty-three, one hundred\nthirty-six, one hundred thirty-nine, one hundred forty-one, one hundred\nforty-three, one hundred forty-four, one hundred fifty-three, one\nhundred fifty-four, one hundred fifty-six or one hundred fifty-nine of\nthe education law or a person certified under section twenty-five\nhundred sixty of this chapter.\n (e) "Patient information" or "information" means any information\nconcerning or relating to the examination, health assessment including,\nbut not limited to, a health assessment for insurance and employment\npurposes or treatment of an identifiable subject maintained or possessed\nby a health care facility or health care practitioner who has provided\nor is providing services for assessment of a health condition including,\nbut not limited to, a health assessment for insurance and employment\npurposes or has treated or is treating such subject, except (i)\ninformation and clinical records subject to the provisions of section\n23.05 or 33.13 of the mental hygiene law, (ii) personal notes and\nobservations of a health care practitioner, provided that such personal\nnotes and observations are maintained by the practitioner and not\ndisclosed by the practitioner to any other person after January first,\nnineteen hundred eighty-seven, (iii) information maintained by a\npractitioner, concerning or relating to the prior examination or\ntreatment of a subject received from another practitioner, provided\nhowever, that such information may be requested by the subject directly\nfrom such other practitioner in accordance with the provisions of this\nsection, and (iv) data disclosed to a practitioner in confidence by\nother persons on the basis of an express condition that such data would\nnever be disclosed to the subject or other persons, provided that such\ndata has never been disclosed to any other person. If at any time such\npersonal notes and observations or such data is disclosed, it shall be\nconsidered patient information for purposes of this section. For\npurposes of this subdivision, "disclosure to any other person" shall not\ninclude disclosures made to practitioners as part of a consultation or\nreferral during the treatment of the subject, to persons reviewing\ninformation or records in the ordinary course of ensuring that a\nprovider is in compliance with applicable quality of care, licensure or\naccreditation standards, to an employee or official of a federal, state\nor local agency for the sole purpose of conducting an audit in the\ncourse of his or her official duties, to the statewide planning and\nresearch cooperative system, to other persons pursuant to a court order,\nto governmental agencies, insurance companies licensed pursuant to the\ninsurance law and other third parties requiring information necessary\nfor payments to be made to or on behalf of patients, to qualified\nresearchers, to the state board for professional medical conduct when\nsuch board requests such information in the exercise of its statutory\nfunction, to an insurance carrier insuring, or a
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