N.Y. Comp. Codes R. & Regs. tit. 10, § 300.6 – Participation of health care facilities.

(a) One year from the effective date of this regulation, general hospitals as defined in section 2801(10) of the Public Health Law, and two years from the effective date of this regulation, all health care facilities as defined in section 18(c)(1) of the Public Health Law, including those who hold themselves out as urgent care providers, utilizing certified electronic health record technology under the Federal Health Information Technology for Economic and Clinical Health Act (HITECH), must become qualified entity participants in order to connect to the SHIN-NY through a qualified entity, and must allow private and secure bi-directional access to patient information by other qualified entity participants authorized by law to access such patient information. Bi-directional access means that a qualified entity participant has the technical capacity to upload its patient information to the qualified entity so that it is accessible to other qualified entity participants authorized to access the patient information and that the qualified entity participant has the technical capacity to access the patient information of other qualified entity participants from the qualified entity when authorized to do so.
(b) The New York State Department of Health may waive the requirements of subdivision (a) of this section for health care facilities that demonstrate, to the satisfaction of the New York State Department of Health:
1. (1) economic hardship;
2. (2) technological limitations or practical limitations to the full use of certified electronic health record technology that are not reasonably within control of the health care provider; or
3. (3) other exceptional circumstances demonstrated by the health care provider to the New York State Department of Health as the commissioner may deem appropriate.