Freedom of Information Law (FOIL)

Request Department of Health Records Through the New York State Freedom of Information Law

Overview

The Freedom of Information Law ("FOIL"), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public the right to access records maintained by government agencies with certain exceptions.

"Record" means any information kept, held, filed, produced or reproduced by, with, or for this agency including, but not limited to, reports, written statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes, computer disks, or audio and video files.

Before submitting a FOIL request, please review our FAQ and Health Topics A to Z list to verify whether the records you are seeking are maintained by the Department of Health, can be obtained via the FOIL process, are already publicly available, or are not available to the general public at all.

Record Availability

The most common records requested that are either not maintained by the Department of Health or cannot be obtained via FOIL include:

  • Personal Medical Records (e.g., HIV patient data, patient blood levels/samples, patient-identifiable cancer statistics)
  • Medicaid and Medicare Records
  • Birth, Death, Marriage, and Divorce Records
  • Vaccination and Immunization Records
  • Dog Bite Records
  • Newborn Screening Test Results
  • Complaints and ACTs Detail Allegation Reports (Reports related to complaints or incidents regulated by the Center for Medicare and Medicaid Services (CMS))
  • Records created by hospital quality assurance committees

Please visit our FAQ for an expanded list of records that are not subject to release under FOIL, as well as more information on how to appropriately obtain the above records outside of the FOIL process.

Conversely, the Department of Health has several websites comprised of data, dashboards, and reports that are readily available to the public:

In addition, researchers interested in a data use agreement through the Statewide Planning and Research Cooperative System (SPARCS), please visit Statewide Planning and Research Cooperative System (SPARCS)

Requesting Records

For more information about FOIL, please visit the New York State Committee on Open Government frequently asked questions page, as well as the FOIL Records Access Center. For more information about the type of subject matter covered by the Department of Health, please visit the Subject Matter List.

When submitting a FOIL request:

  • Be as specific as possible in describing the requested records. Include relevant dates, names, (facility) addresses, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.
  • Include an email address, physical mailing address, and a current telephone number where you can be reached during business hours – in case it is necessary to clarify your request.
  • Please note that the agency is not required to create a new record in response to FOIL requests.
  • Further, all records gathered in response to a FOIL request are subject to redactions and/or withholding pursuant to New York State Public Officers Law, Article 6.

Through the Department of Health's FOIL Records Access Center, you can submit, edit, and track pending requests once a customer account has been created. The Center can also be used to appeal existing FOIL requests.

Submit a request online

Contact Information

David Harvey
Records Access Officer
New York State Department of Health
Corning Tower, 26 Fl, Enclave A
Albany, New York 12237-0044
foil@health.ny.gov

Right to Appeal

Under provisions of the Public Officers Law, you may submit an appeal if you feel that you have been unlawfully denied access to records requested under FOIL. If you desire to submit such an appeal, you must do so within 30 calendar days of the written response to your FOIL request.

To submit an appeal:

  1. Log onto your account in the FOIL Records Access Center (preferable)
  2. Email the Records Access Appeals Officer (contact below) with the following information: FOIL Request Number, a copy of the original request for records, and a copy of the FOIL response letter you received along with your appeal letter.

Records Access Appeals Officer
New York State Department of Health
Corning Tower, Floor 26
Albany, New York 12237-0044
Fax: (518) 486-9144
foil@health.ny.gov

You will be informed in writing of the decision within ten business days of our receipt of such an appeal.