IN THE MATTER OF JAMES v. MANTICA, ET AL., RESPONDENTS, V. NEW YORK STATE
DEPARTMENT OF HEALTH, ET AL., APPELLANTS.
94 N.Y.2d 58 (1999).
October 26, 1999
3 No. 152
(99 NY Int. 0144)
Decided October 26, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Frank K. Walsh, for appellants.
George J. Szary, for respondents.
FOJP Service Corporation, amicus curiae.
SMITH, J.:
The issue here is whether patients may obtain their own medical
records from a State agency pursuant to New York State's Freedom of
Information Law (FOIL)(Public Officers Law art 6) despite the
prohibition of Public Health Law § 18(6) againstredisclosure of
patient information by third parties. We conclude that, under the
circumstances of this case, petitioner is entitled to his medical
records, and we therefore affirm the order of the Appellate Division.
The facts are not in dispute. During 1993, petitioner James Mantica
received allegedly deficient medical care at St. Peter's Hospital in
Albany, New York, resulting in the amputation of his legs. On January
21, 1994, his wife, petitioner Ruth Mantica, filed a complaint with
respondent, the New York State Department of Health (DOH). By letter
dated February 22, 1995, DOH replied by indicating the results of its
investigation.
In May 1995, petitioners commenced a medical malpractice action in
Supreme Court against several physicians and St. Peter's Hospital. In
conjunction with that action, by letter dated September 27, 1995,
petitioners requested from DOH a copy of "your complete file
concerning the investigation of the above-captioned complaint,
including all communications, notes of interviews, reports,
conclusions, Statements of Deficiencies issued, and other pertinent
documents." On October 10, 1995, DOH responded by providing redacted
SNIPPETS:
IN THE MATTER OF JAMES v. MANTICA, ET AL., RESPONDENTS, V.
This opinion is uncorrected and subject to revision before publication in the New York
The issue here is whether patients may obtain their own medical records from a State agency
We conclude that, under the circumstances of this case, petitioner is entitled to his medical
During 1993, petitioner James Mantica received allegedly deficient medical care at St.
On January 21, 1994, his wife, petitioner Ruth Mantica, filed a complaint with respondent,
In January 1996, petitioners submitted a second, more detailed request for the DOH file, this
The results of an administrative appeal, dated February 3, 1997, which were sentto petitioner
Petitioners then commenced this CPLR article 78 proceeding in Supreme Court seeking an
Supreme Court, however, refused to order the disclosure of quality assurance review
This Court granted DOH leave to appeal (93 NY2d 802).
FOIL imposes a broad standard of open disclosure upon agencies of the government (Matter of
Documents in the possession of public agencies are presumptively discoverable under FOIL,
Public Health Law § 18permits a health care provider to deny a patient access to records if
Each agency shall, in accordance with its published rules, make available for public
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