2023 New York Laws › PBH - Public Health › Article 27-F - HIV and AIDS Related Information › 2785 - Court Authorization for Disclosure of Confidential HIV Related Information.

§ 2785. Court authorization for disclosure of confidential HIV related
information.  1.  Notwithstanding  any  other provision of law, no court
shall issue an order for the  disclosure  of  confidential  HIV  related
information,  except  a  court  of  record  of competent jurisdiction in
accordance with the provisions of this section.
2. A court may grant an  order  for  disclosure  of  confidential  HIV
related  information  upon an application showing: (a) a compelling need
for disclosure of the information for the adjudication of a criminal  or
civil proceeding; (b) a clear and imminent danger to an individual whose
life  or  health  may  unknowingly be at significant risk as a result of
contact with the individual to whom the information pertains;  (c)  upon
application  of  a  state,  county  or local health officer, a clear and
imminent danger to the public health;  or  (d)  that  the  applicant  is
lawfully  entitled  to  the  disclosure and the disclosure is consistent
with the provisions of this article.
3. Upon receiving an application for an order  authorizing  disclosure
pursuant  to this section, the court shall enter an order directing that
all pleadings, papers,  affidavits,  judgments,  orders  of  the  court,
briefs  and  memoranda  of  law which are part of the application or the
decision thereon, be sealed and not made available to any person, except
to the extent necessary to conduct any proceedings  in  connection  with
the determination of whether to grant or deny the application, including
any  appeal.  Such  an  order  shall  further direct that all subsequent
proceedings in connection with the application  shall  be  conducted  in
camera, and, where appropriate to prevent the unauthorized disclosure of
confidential  HIV  related  information,  that  any  pleadings,  papers,
affidavits, judgments, orders of the court, briefs and memoranda of  law
which  are part of the application or the decision thereon not state the
name  of  the  individual  concerning  whom  confidential  HIV   related
information is sought.
4.  (a)  The  individual  concerning  whom  confidential  HIV  related
information  is  sought  and  any  person  holding  records   concerning
confidential  HIV  related  information  from  whom disclosure is sought
shall be given adequate notice of such application  in  a  manner  which
will  not  disclose  to any other person the identity of the individual,
and shall be afforded an opportunity to file a written response  to  the
application, or to appear in person for the limited purpose of providing
evidence on the statutory criteria for the issuance of an order pursuant
to this section.
(b)  The  court may grant an order without such notice and opportunity
to be heard, where an ex parte application by a  public  health  officer
shows  that  a  clear and imminent danger to an individual whose life or
health may unknowingly be at risk requires an immediate order.
(c) Service of a subpoena shall not be subject to this subdivision.
5. In assessing compelling need and clear  and  imminent  danger,  the
court  shall  provide  written findings of fact, including scientific or
medical findings, citing specific evidence in the record which  supports
each  finding,  and  shall  weigh  the  need  for disclosure against the
privacy interest of the protected individual  and  the  public  interest
which  may  be  disserved  by  disclosure which deters future testing or
treatment or which may lead to discrimination.
6.  An  order  authorizing  disclosure  of  confidential  HIV  related
information shall:
(a) limit disclosure to that information which is necessary to fulfill
the purpose for which the order is granted; and
(b)  limit  disclosure to those persons whose need for the information
is the basis for the order, and specifically  prohibit  redisclosure  by

such  persons  to  any other persons, whether or not they are parties to
the action; and
(c)  to  the  extent possible consistent with this section, conform to
the provisions of this article; and
(d) include such other measures as the court deems necessary to  limit
any disclosures not authorized by its order.