Section 79-J. Confidentiality of records in multi-state information system

1. An ongoing research and demonstration project called the  multi-state
  information  system  for  psychiatric patients located at Rockland state
  hospital  in  Rockland  county  has  been  developed  by  a  number   of
  cooperating  states  and  is designed to provide a computer-based system
  for records and statistics of mental health patients  in  those  states.
  The  records  stored  by the multi-state information system are intended
  also  for  research  and  demonstration  purposes  concerning  (1)   the
  feasibility  of  computer-based  record systems improving the quality of
  medical  information  available  to  clinicians   treating   psychiatric
  patients and (2) the quality of aggregate statistics to aid in planning,
  operating  and  monitoring  psychiatric  services.  Such records are not
  intended to substitute for or replace original records retained  in  the
  cooperating  mental  health facilities and agencies. In order to protect
  the privacy of the information stored in such records which  relates  to
  patients in facilities outside of the state of New York, it is necessary
  and desirable that such records be declared confidential and not subject
  to examination in the courts or by agencies of this state.
    2.  The  records  and information concerning patients in mental health
  and related facilities located outside of the  state  of  New  York  and
  currently  or hereafter stored in the multi-state information system for
  psychiatric patients maintained at Rockland state hospital in the county
  of Rockland are not public records. Such records and  information  shall
  be  confidential  and  shall  not be subject to subpoena in any court or
  before  any  tribunal  or  administrative  agency.  Such   records   and
  information  shall not be open for inspection by nor otherwise available
  to any agency or individual other than the agency or facility submitting
  the records or information and the technical staff  of  the  multi-state
  information  system except that the commissioner of mental hygiene shall
  have the power to conduct an annual  review  of  the  operation  of  the
  information system in order to assure its proper and lawful operation in
  the  interest  of  the  agencies and facilities contributing records and
  information to such system. Aggregate statistics drawn from the  records
  stored, with all personal identification removed, may be released by the
  system for research and planning purposes.
    3.  Nothing  in this act shall affect existing law with respect to the
  records of patients now or formerly treated in facilities in this state.
  The records stored in the multi-state information  system  described  in
  subdivision  two  shall  not  be considered records of the department of
  mental hygiene.