Eight NYSCA members have been selected by the New York State Department of Health to serve on the Department’s Medical Record Access Review Committee. Five members were selected to serve on a Downstate Committee and three (3) members were assigned to an Upstate Committee. The Committee members chosen by the Department are the following: ▪ Downstate Committee Members • Gary L. Haber, DC of Manhattan • Lloyd Kupferman, DC of Greenvale • Malcolm L. Levitin, DC, FACC of Rockville Centre • Donald Littlejohn, DC, of Chester and • Richard W. Scher, DC of Wantagh. ▪ Upstate Committee Members • Brian D. Justice, DC, DABCO of Rochester • Lynn B. Pownall, DC, DACNB of Jamestown, and • Richard J. Tesoriero, DC, DABCO of Oswego. The members of these committee will be convened by the Department when required to resolve disputed between chiropractic professionals and persons qualified to receive medical records. "Qualified person" pursuant to New York Public Health Law, Article I, Title II, § 18 Access to patient information, (1) Definitions means “any properly identified subject, or a guardian appointed pursuant to article eighty-one of the mental hygiene law, or a parent of an infant, or a guardian of an infant appointed pursuant to article seventeen of the surrogate’s court procedure act or other legally appointed guardian of an infant who may be entitled to request access to a clinical record pursuant to paragraph (c) of subdivision two of this section, or an attorney representing or acting on behalf of the subject or the subject’s estate.” Under Subsection (4) Medical record access review committees, the law provides, "The commissioner shall appoint medical record access review committees to hear appeals of the denial of access to patient information as provided in paragraph (e) of subdivision three of this section. Members of such committees shall be appointed by the commissioner from a list of nominees submitted by statewide associations of providers in the particular licensed profession involved; . . . . Such medical record access review committees shall consist of no less than three nor more than five licensed professionals. The commissioner shall promulgate rules and regulations necessary to effectuate the provisions of this subdivision." Under subsection (3) of the Public Health Law, providers may limit a qualified persons access to patient information for certain itemized reasons. The Committee members above will assist the Department resolve disputes between DCs and qualified persons requesting access to patients records.


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