New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter G - Aids Testing, Communicable Diseases and Poisoning › Part 63 - Hiv/aids Testing, Reporting And Confidentiality Of Hiv-related Information › Section 63.5 - Disclosure pursuant to a release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No confidential HIV-related information,
				  including such information as related to domestic violence screening, shall be
				  disclosed pursuant to a general release except to insurance companies as noted
				  in section
				  63.6(a)(9) 
				  of this Part. Disclosure is permitted pursuant to a release of confidential
				  HIV-related information. The release must be signed by the protected
				  individual, or if the protected individual lacks capacity to consent, by a
				  person specified in section
				  63.6(a)(1) 
				  of this Part.
(b) All written
				  disclosures of confidential HIV information must 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, except in limited circumstances set forth
				  in this Part, 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 in
				  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 disclosures
				  made in accordance with section
				  63.6(a)(1), (4) or
				  (9)  of this Part, for releases made by a
				  physician or their agent or public health officer to a contact; or for releases
				  made by a physician or their agent to a person authorized pursuant to law to
				  consent to the health care of the protected person when the person has been
				  counseled and has refused to disclose and the disclosure is medically
				  necessary. For disclosures of confidential HIV-related information from the
				  patient's medical record to persons who are permitted to access this
				  information pursuant to section
				  63.6(a)(3), (5),
				  (6), (7) and (10) and (e) and (f)  of this
				  Part, it shall be sufficient for the statement required by subdivisions (b) and
				  (c) of this section to appear as part of the medical record when a medical
				  record is disclosed.