New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle AA - STATE COMMISSION OF CORRECTION › Chapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIES › Subchapter A - MINIMUM STANDARDS AND REGULATIONS › Part 7064 - Human Immunodeficiency Virus And Aids-related Information- Confidentiality › Section 7064.7 - Disclosure pursuant to a release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No confidential HIV-related information
					 shall be disclosed pursuant to a general release. Disclosure is permitted for
					 HIV-related information pursuant to a specific release form which has been
					 developed or approved by the New York State Department of Health. The release
					 must be signed by the protected individual, or if the protected individual
					 lacks capacity to consent, by a person authorized pursuant to law to consent to
					 health care for the individual.
(b)
					 All written disclosures of confidential HIV-related information shall be
					 securely packaged and be accompanied by a statement prohibiting redisclosure.
					 The statement shall include the following language or substantially similar
					 language: "This information has been disclosed to you from confidential records
					 which are protected by State law. State law prohibits you from making any
					 further disclosure of this information without the specific written consent of
					 the person to whom it pertains, or as otherwise permitted by law. Any
					 unauthorized further disclosure in violation of State law may result in a fine
					 or jail sentence or both. A general authorization for the release of medical or
					 other information is not sufficient authorization for further disclosure.
					 Disclosure of confidential HIV information that occurs as the result of a
					 general authorization for the release of medical or other information will be a
					 violation of the State law and may result in a fine or a jail sentence or
					 both."
(c) If oral disclosures are
					 necessary, they must be accompanied or followed as soon as possible, but no
					 later than 10 days, by the statement required by subdivision (b) of this
					 section.
(d) The statement required
					 by subdivisions (b) and (c) of this section is not required for release to the
					 protected person or to his or her legal representative, for releases made by a
					 physician or public health officer to a contact, or for releases made by a
					 physician to a person authorized pursuant to law to consent to the health care
					 of the protected person when the person has been counseled and the disclosure
					 is medically necessary pursuant to Public Health Law, section
					 2782(4)(e). For
					 disclosures of confidential HIV-related information from the patient's medical
					 record to persons who are permitted access to this information pursuant to
					 section
					 7064.8(a)(3), (4),
					 (6), (7), (9) and (10)  and section
					 7064.8(e) and
					 (f)  of this Part, it shall be sufficient for
					 the statement required by subdivisions (b) and (c) of this section to appear in
					 the medical record itself.