(a) Inmate medical records shall be released in accordance with Public Health Law, sections 17 and 18; 45 CFR part 160, subparts A and B; and 45 CFR part 164, subpart E, the Standards for Privacy of Individually Identifiable Health Information, also known as the HIPAA privacy regulations, and State law.

1. (1) The department shall follow HIPAA privacy standards in regards to the use and disclosure of inmate medical records, except in circumstances where there is a more stringent State law. In such cases, the department will apply the more stringent law.
2. (2) The department incorporates by reference 45 CFR part 160, subparts A and B and 45 CFR part 164, subpart E (December 28, 2000, amended August 14, 2002 and February 20, 2003), the Standards for Privacy of Individually Identifiable Health Information, also known as the HIPAA privacy regulations. Such regulations are authored by the United States Department of Health and Human Services and published by the United States Government Printing Office, Washington, DC 20402. A copy is available for public inspection and copying at the Department of Correctional Services, Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-3050.