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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, May 28, 2019
Proposed Rules Content: 
 
 

Statement of Basis and Purpose of Proposed Rule

 

On average, the Correction and Amendments unit within Vital Records receives 50,000 requests annually for changes to birth certificates. Each request requires a corrections application delineating the specific changes requested. Section 207.05 of the Health Code currently allows the Department to seal a birth certificate and file a new one with corrected information only in certain instances. Court orders are required for some parentage amendments and other amendments not specifically delineated in the health code and require extensive analysis of fact pattern.  Approximately 12,000 of these amendments must be done through court order each year.

Recent city council legislation resulted in a local law, pursuant to Intro 1308, that amends the administrative code of the city of New York to require redaction from birth certificates, upon request, of the names of physicians whose licenses have been surrendered or revoked.  In order to implement this law, the Department proposes an amendment to Article 207 of the Health Code to allow a mechanism for this type of redaction that does not require a court order.  This amendment would require the filing of a new certificate without the name of the attending physician and the sealing of the original certificate.  The new certificate would not contain an attendant field and would not indicate correction history. 

 
Subject: 

Proposed resolution to amend Section 207.05 of the Article 207 (General Vital Statistics Provisions) of the New York City Health Code regarding birth records.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 8th Floor, Room 8-25
Queens, NY 11101
Contact: 

Phone #: (347) 396-6078/6116, E-mail: resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 
 

Statement of Basis and Purpose

 

Statutory Authority

These amendments to the New York City Health Code (“the Health Code”) are promulgated pursuant to Sections 558 and 1043 of the New York City Charter (“the Charter”).  Section 558(b) and (c) of the Charter empowers the Board of Health (“the Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the Department extends. Section 1043 grants the Department rulemaking authority. 

 

Background and New Requirements

           

  1. Section 201.07(a) of Article 201 (Confidential medical report of birth; not subject to compelled disclosure or inspection), Section 203.07(a) of Article 203 (Confidential medical report of spontaneous termination of pregnancy and certificate of induced termination of pregnancy; not subject to compelled disclosure or inspection), Sections 205.07(a) and 205.07(c) of Article 205 (Confidential medical report of death; not subject to compelled disclosure or inspection)          

 

The Department amends Section 201.07(a) of Article 201, Section 203.07(a) of Article 203, and Sections 205.07(a) and 205.07(c) of Article 205 of the Health Code, to authorize, in addition to the Commissioner, the Commissioner’s designee to approve inspection of confidential medical reports of birth, spontaneous terminations of pregnancy (miscarriages), and death.  This will ensure greater consistency among Health Code provisions requiring the approval of the Commissioner or the Commissioner’s designee to grant requests to inspect these documents and make it easier to process requests requiring the Commissioner’s approval.

 

2.     Section 207.01(a) and 207.01(c) (Correction of records; application and approval; accompanying documents)

 

The Department amends Section 207.01(a) of Article 207 of the Health Code to authorize the Department, consistent with its current ability to correct confidential medical reports of death, to correct confidential medical reports of birth and confidential medical reports of spontaneous terminations of pregnancy (miscarriages) based on new or corrected information it receives from medical facilities. Furthermore, the Department removes the reference to deaths occurring on or after January 1, 2010, to be consistent with Section 205.07(a). 

 

The Department also amends Section 207.01(c) of Article 207 of the Health Code to allow funeral directors, undertakers, or the Office of Chief Medical Examiner (OCME) to make certain corrections to death certificates using the Electronic Death Registration System (EDRS) without first obtaining the Department’s approval. This will expedite the processing of death records and burial permits. Funeral directors, undertakers, or the OCME will be able to correct only the name of the funeral establishment or the method, place (e.g., cemetery or crematory), location (e.g., city, state, or foreign country), or date of disposition (e.g., burial, cremation or transport out of the city). To maintain record integrity, the EDRS will not allow funeral directors, undertakers, or the OCME to change fields like date of birth, usual residence (e.g., state, county, city, town, or street number of residence) and Social Security number.

3.     Section 207.13 (Fees for vital statistics services)

The Department amends Section 207.13 of Article 207 of the Health Code to provide specific processes for verifying information contained in birth certificates, death certificates, and certificates of spontaneous termination of pregnancy (miscarriages). This will enable authorized users of the National Association for Public Health Statistics and Information Systems (NAPHSIS) Electronic Verification of Vital Events (EVVE) System, such as agencies of the City or State of New York, other government bodies, annuity companies, medical providers and attorneys representing estates, to verify facts contained in the Department’s records.

Statutory Authority

             These amendments to the New York City Health Code (“the Health Code”) are promulgated pursuant to Sections 558 and 1043 of the New York City Charter (“the Charter”).  Section 558 of the Charter empowers the Board of Health (“the Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (“the Department”) extends. Section 1043 grants the Department rulemaking authority. 

 “Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

Effective Date: 
Mon, 04/25/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, October 23, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

Background and New Requirements

           

  1. Section 201.07(a) of Article 201 (Confidential medical report of birth; not subject to compelled disclosure or inspection), Section 203.07(a) of Article 203 (Confidential medical report of spontaneous termination of pregnancy and certificate of induced termination of pregnancy; not subject to compelled disclosure or inspection), Sections 205.07(a) and 205.07(c) of Article 205 (Confidential medical report of death; not subject to compelled disclosure or inspection)          

The Department proposes to amend Section 201.07(a) of Article 201, Section 203.07(a) of Article 203, and Sections 205.07(a) and 205.07(c) of Article 205 of the Health Code, to authorize, in addition to the Commissioner, the Commissioner’s designee to approve inspection of confidential medical reports of birth, spontaneous terminations of pregnancy (miscarriages), and death.  This will ensure greater consistency among Health Code provisions requiring the approval of the Commissioner or the Commissioner’s designee to grant requests to inspect these documents and make it easier to process requests requiring the Commissioner’s approval.

   2.   Section 207.01(a) and 207.01(c) (Correction of records; application and approval; accompanying documents)

The Department proposes to amend Section 207.01(a) of Article 207 of the Health Code to allow the Department, consistent with its current ability to correct confidential medical reports of death, to correct confidential medical reports of birth and confidential medical reports of spontaneous terminations of pregnancy (miscarriages) based on new or corrected information it receives from medical facilities. Furthermore, the Department proposes to remove the reference to deaths occurring on or after January 1, 2010, to be consistent with Section 205.07(a). 

The Department also proposes to amend Section 207.01(c) of Article 207 of the Health Code to allow funeral directors and undertakers to make certain corrections to death certificates using the Electronic Death Registration System (EDRS) without first obtaining the Department’s approval. This will expedite the processing of death records and burial permits. Funeral directors and undertakers will be able to correct only the name of the funeral establishment or the method, place (e.g., cemetery or crematory), location (e.g., city, state, or foreign country), or date of disposition (e.g., burial, cremation or transport out of the city). To maintain record integrity, the EDRS will not allow funeral directors and undertakers to change fields like date of birth, usual residence (e.g., state, county, city, town, or street number of residence) and Social Security number.

    3.  Section 207.13 (Fees for vital statistics services)

The Department proposes to amend Section 207.13 of Article 207 of the Health Code to provide specific processes for verifying information contained in birth certificates, death certificates, and certificates of spontaneous termination of pregnancy (miscarriages). The Department is proposing that, in addition to agencies of the City or State of New York, other government bodies, annuity companies, medical providers and attorneys representing estates be able to verify facts contained in the Department’s records. Verifications would be provided through the National Association for Public Health Statistics and Information System (NAPHSIS) Electronic Verification of Vital Events (EVVE), and entities seeking verification must be authorized users of the system.

Statutory Authority

             These amendments to the New York City Health Code (“the Health Code”) are promulgated pursuant to Sections 558 and 1043 of the New York City Charter (“the Charter”).  Section 558 of the Charter empowers the Board of Health (“the Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (“the Department”) extends. Section 1043 grants the Department rulemaking authority. 

 

Subject: 

Proposed resolution to amend sections 201.07, 203.07 and 205.07 of the Articles of the New York City Health Code regarding Vital Statistics and medical records.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street, 14th Floor, Room 14-31
Queens, NY 11101
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

These amendments to the New York City Health Code (the Health Code) are promulgated pursuant to sections 556, 558, and 1043 of the New York City Charter (the Charter).  Section 556 of the Charter grants the Department jurisdiction to supervise and control the registration of deaths.  Sections 558(b) and 558(c) of the Charter empower the Board of Health (the Board) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the Department) extends. Section 558(c) of the Charter also empowers the Board of Health to provide for the examination and issuance of death certificates.  Section 1043 grants the Department rule-making authority.        

 

The amendments to sections 205.7, 207.11, and 207.13 of Articles 205 and 207 of the Health Code are intended to: (1) expand access to confidential medical reports of death for deaths that occurred prior to January 1, 2010; (2) clarify who may obtain a copy of a death certificate; and (3) expand access to fact-of-death information for specified benefit-paying parties, licensed doctors and attorneys, upon payment of a fee. 

 

The amendments amend Health Code section 205.07(a) to add siblings, grandparents, and grandchildren to the list of people who may access confidential medical reports of death.  Currently, section 205.07(a) allows the Department to release confidential medical reports of death for deaths occurring on or after January 1, 2010.  Because there is no reason to treat reports of deaths occurring earlier differently, the amendments also delete the reference to that date and would allow the Department to release any available confidential medical report of death to an entitled person.

 

Health Code section 207.11 currently allows “persons or their representatives, who are agents of, or who otherwise have a legal or fiduciary obligation to such persons, as a relative, person in control of disposition, heir or beneficiary…” to inspect death records.  The current language has led to confusion about who is entitled to a decedent’s death record.  The amendments to section 207.11 clarify the classes of people entitled to inspect a confidential medical report of death, and align that list with the amendments to section 205.07.

 

Finally, Health Code section 207.13(e) allows the Department to issue verifications of information contained in death certificates and other vital statistics certificates to other governmental agencies upon request.  The amendments to that section will expand access to benefit-paying parties such as annuity companies and pension plans to terminate benefits upon death of a recipient, physicians and hospitals who demonstrate that such information is needed to determine whether a patient they are treating has died, and licensed attorneys who demonstrate that the information is necessary to administer an estate.  Additionally, because the Department anticipates providing verifications through an electronic system maintained by The National Association for Public Health Statistics and Information Systems, language has been added authorizing the Department to enact rules describing how the verifications will be provided.    

 

 

 

Effective Date: 
Mon, 01/12/2015