New York State Department of Health: Documents Available and Unavailable for Inspection and Copying

Revised: February 2016

I. Records Available for Inspection and Copying Under the Freedom of Information Law (FOIL)

**PLEASE NOTE: All records are subject to redactions and/or withholding pursuant to New York State Public Officers Law, Article 6.

Records Available for Review and/or Copying:

  • An itemized record setting forth the name, public office address, title and salary of every officer or employee of the agency
  • The Department's formal system of communications:

Manuals

  • Administrative Policy and Procedures Manual
  • Environmental Health Manual
  • Policy and Procedures Manual, Division of Health Facility Planning
  • Surveyor's Manual
  • Vital Records Registration Handbook

Bulletins

  • Executive Memoranda
  • Information Bulletins
  • Department of Health Memoranda Series
  • Newsletters
  • Agenda and/or minutes of councils, boards, and committees
  • Department Annual Reports
  • Department Adjudicatory Documents
  • Vital Statistics Summary Reports
  • Ambulance Services Directory
  • Final inspection and survey reports in connection with license, permit approval and supervisory functions of the Department.
  • Health Facilities Data:
    • Home Health and HMO fiscal and statistical reports
    • Rate computation sheets for Health Facilities and appeals
    • Audit reports and appeals
    • Health Facilities surveillance reports (Statements of Deficiencies/Plans of Correction)
    • Health Facility establishment applications
    • Health Facility Certificate of Need applications
  • Certain Radiological Health Data
  • Residential and Recreation Sanitation:
    • List of migrant labor camps
    • List of children's camps
    • List of public swimming pools
    • List of temporary residences
  • Public Water Supplies:
    • List of water treatment facilities
  • Funeral Home Directing:
    • List of approved funeral home establishments
  • Nursing Home Administrators Licensure:
    • Records pertaining to licensure and registration of nursing home administrators
  • Radiologic Technology:
    • Records pertaining to licenses and registration of radiologic technologists
  • Laboratory Lists:
    • Clinical labs
    • Forensic labs
    • ELAP approved Portable water labs
    • Commercial labs with NYS approval for environmental analysis
    • Certified
  • Home and Community Based Care Lists:
    • Certified
    • Licensed
    • Long-term
    • Hospice facilities (including AIDS and pilot programs)
  • Finalized Department Contracts
  • Finalized Department Memoranda of Understanding
  • Ad Hoc Reports or Studies

II. Confidential Reports Not Available for Inspection:

  • Cancer statistics which could identify individuals
  • HIV patient data
  • Vital records (e.g.: marriage, birth, death certificates)
  • Laboratory test results
  • Patient records
  • Records created by hospital quality assurance committees
  • Information concerning applicants for and recipients of medical assistance
  • Subject matter pertaining to Quality Assurance conditions pursuant to Public Health Law §2805-m
  • Reports of patient and records of examination of TB patients
  • Reports and information pertaining to sexually transmitted diseases
  • Information gathered during an investigation of alleged malpractice and/or alleged patient abuse

Please note, copies of birth, death, marriage and dissolution of marriage certificates are not available under FOIL. For information about obtaining these records visit Birth, Death, Marriage & Divorce Records or contact the Vital Records section of the New York State Department of Health, Vital Records, 800 N. Pearl St., Albany, NY 12204. Please be advised that birth and death certificates for events that occurred within the five boroughs of New York City are not on file with the New York State Department of Health and must be obtained from the New York City Department of Health & Mental Hygiene, Office of Vital Records, 125 Worth Street, CN-4, Room 133, New York, NY 10013 or New York City Department of Health and Mental Hygiene. For marriage licenses issued within the five boroughs NYC the address is: Office of the City Clerk, 141 Worth Street, New York, NY 10013 or NYC Office of the City Clerk

More Information On Foil

Additional information on FOIL can be found by visiting the website of the Committee on Open Government.