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§4311
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§4311 . Records to be made available by corporations subject to this article.
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§4311(a)
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(a) Every corporation subject to the provisions of this article shall, upon request of the state department of social services or of a local social services district for any records, or any information contained in such records, pertaining to the coverage of any individual under any health insurance policy issued by such corporation, or the medical benefits paid by or claims made to such corporation under such a policy, make the requested records or information available upon a certification by the department of social services or the social services district that such individual is an applicant for or recipient of medical assistance, or is a person who is legally responsible for such an applicant or recipient, pursuant to the social services law.
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§4311(b)
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(b) The superintendent and the commissioner of the state department of social services shall enter into a cooperative agreement setting forth mutually agreeable procedures for requesting and furnishing appropriate information, not inconsistent with any law pertaining to the confidentiality and privacy of medical records, which procedure shall include financial arrangements as may be necessary to reimburse insurance corporations for necessary costs incurred in furnishing requested information, and the time and manner such procedures are to become effective.
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§4311(c)
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(c) The information required to be made available pursuant to (this §) shall be limited to information necessary to determine whether insurance benefits have been or should have been claimed and paid pursuant to a health insurance policy with respect to items medical care and services received by a particular individual for which medical assistance coverage would otherwise be available.
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§4311(d)
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(d) Not later than the date upon which the procedures agreed to pursuant to (sub§ (b)) hereof become effective, the superintendent shall establish guidelines to assure that information relating to an individual certified to be an applicant for or recipient of medical assistance, furnished to any insurance company pursuant to (this §) ,is used only for the purpose of identifying the records or information requested in such manner so as not to violate the confidentiality provisions of the social services law. Source Data downloaded: 2009-04-09 15: 12: 49; Processed: 2009-05-08 15: 36: 09
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