NY Pub Health L § 2780 (2021)
2021 New York Laws PBH - Public Health Article 27-F - HIV and AIDS Related Information 2780 - Definitions.

§  2780.  Definitions.  As  used  in this article, the following terms   shall have the following meanings:1. "AIDS" means acquired immune deficiency syndrome, as may be defined   from time to time by the centers  for  disease  control  of  the  United   States public health service.2.  "HIV  infection"  means  infection with the human immunodeficiency   virus or any other related virus  identified  as  a  probable  causative   agent of AIDS.3. "HIV related illness" means any illness that may result from or may   be associated with HIV infection.4.  "HIV  related  test  or  HIV related testing" means any laboratory   test, tests or series of tests approved for the diagnosis of HIV.4-a. "Rapid HIV test or testing" means any laboratory  screening  test   or  tests approved for detecting antibodies to HIV, that produce results   in sixty minutes or less, and encompasses  a  confirmatory  HIV  related   test if the screening test is reactive.5.  "Capacity  to  consent"  means an individual's ability, determined   without regard to the individual's age, to understand and appreciate the   nature and consequences of a proposed health care service, treatment, or   procedure, or of a  proposed  disclosure  of  confidential  HIV  related   information,  as  the  case  may  be,  and  to make an informed decision   concerning the service, treatment, procedure or disclosure.6. "Protected individual" means a person who is the subject of an  HIV   related  test or who has been diagnosed as having HIV infection, AIDS or   HIV related illness.7. "Confidential HIV related information" means  any  information,  in   the  possession  of  a  person who provides one or more health or social   services or who  obtains  the  information  pursuant  to  a  release  of   confidential  HIV  related information, concerning whether an individual   has been the subject of an HIV related test, or has HIV  infection,  HIV   related  illness  or AIDS, or information which identifies or reasonably   could identify an individual as having one or more of  such  conditions,   including information pertaining to such individual's contacts.8.  "Health  or  social  service"  means  any  public or private care,   treatment, clinical laboratory test, counseling or  educational  service   for  adults  or  children,  and  acute, chronic, custodial, residential,   outpatient, home or other health care provided pursuant to this  chapter   or  the  social  services  law;  public assistance or care as defined in   article one of the social  services  law;  employment-related  services,   housing  services,  foster care, shelter, protective services, day care,   or preventive services provided pursuant to  the  social  services  law;   services  for  the  mentally  disabled  as defined in article one of the   mental hygiene law; probation services, provided  pursuant  to  articles   twelve  and  twelve-A  of  the  executive law; parole services, provided   pursuant to  article  eight  of  the  correction  law;  corrections  and   community   supervision,   provided  pursuant  to  the  correction  law;   detention and  rehabilitative  services  provided  pursuant  to  article   nineteen-G  of  the executive law; and the activities of the health care   worker HIV/HBV advisory panel pursuant  to  article  twenty-seven-DD  of   this chapter.9.  "Release  of confidential HIV related information" means a written   authorization for disclosure of  confidential  HIV  related  information   which  is  signed  by  the  protected  individual,  or  if the protected   individual lacks capacity to consent, a person  authorized  pursuant  to   law  to consent to health care for the individual. Such release shall be   dated and shall specify to whom disclosure is  authorized,  the  purpose   for  such  disclosure and the time period during which the release is to   be effective. A general authorization for  the  release  of  medical  or    other  information  shall  not be construed as a release of confidential   HIV  related  information,  unless   such   authorization   specifically   indicates   its   dual   purpose  as  a  general  authorization  and  an   authorization  for  the  release of confidential HIV related information   and complies with the requirements of this subdivision.10. "Contact" means  an  identified  spouse  or  sex  partner  of  the   protected  individual,  a  person identified as having shared hypodermic   needles or syringes with the protected individual or a  person  who  the   protected  individual  may  have exposed to HIV under circumstances that   present  a  risk  of  transmission  of  HIV,  as   determined   by   the   commissioner.11.  "Person"  includes  any natural person, partnership, association,   joint venture, trust, public or private corporation, or state  or  local   government agency.12.  "Health  facility"  means  a  hospital  as defined in section two   thousand eight hundred one of this chapter, blood  bank,  blood  center,   sperm  bank,  organ  or  tissue  bank,  clinical laboratory, or facility   providing care or treatment to  persons  with  a  mental  disability  as   defined in article one of the mental hygiene law.13.  "Health  care  provider"  means any physician, nurse, provider of   services for the mentally disabled as defined  in  article  one  of  the   mental  hygiene  law,  or  other  person  involved in providing medical,   nursing, counseling, or other health  care  or  mental  health  service,   including  those  associated  with,  or  under  contract  to,  a  health   maintenance organization or medical services plan.14. "Child" means any  protected  individual  actually  or  apparently   under eighteen years of age.15.  "Authorized  agency"  means  any  agency defined by section three   hundred seventy-one of the social services law and, for the purposes  of   this  article, shall include such corporations incorporated or organized   under the laws of the state as may be specifically authorized  by  their   certificates  of  incorporation  to receive children for the purposes of   adoption or foster care.16.  "Insurance  institution"  means  any  corporation,   association,   partnership,   reciprocal  exchange,  interinsurer,  fraternal  benefits   society, agent, broker or other entity including, but  not  limited  to,   any  health  maintenance organization, medical service plan, or hospital   plan which: (a) is engaged in the business of  insurance;  (b)  provides   health   services  coverage  plans;  or  (c)  provides  benefits  under,   administers, or provides services for, an employee welfare benefit  plan   as defined in 29 U.S.C. 1002(1).17.  "Insurance  support  organization" means any person who regularly   engages, in  whole  or  in  part,  in  the  practice  of  assembling  or   collecting  information about natural persons for the primary purpose of   providing the information to  an  insurance  institution  for  insurance   transactions,  including:  (a)  the  furnishing  of  consumer reports or   investigative consumer reports to an insurance instititution for use  in   connection  with  an  insurance  transaction;  or  (b) the collection of   personal information from  insurance  institutions  or  other  insurance   support  organizations for the purpose of detecting or preventing fraud,   material misrepresentation, or  material  non-disclosure  in  connection   with  insurance  underwriting or insurance claim activity. The following   persons shall not be considered  "insurance-support  organizations"  for   the   purposes  of  this  article:  government  institutions,  insurance   institutions, health facilities and health care providers.