New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter I - General Provisions › Part 7 - Aids Confidentiality › Section 7.5 - Confidentiality and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It
				is the policy of the department that whenever disclosure of confidential
				HIV-related information is warranted as defined in subdivision (b) of this
				section, such disclosure, whenever possible, should be made pursuant to the
				consent of the protected individual, and all reasonable steps, including
				appropriate counseling, should be taken to obtain consent. Once consent has
				been obtained, Form HS-2, or any other form approved by the Department of
				Health, is to be used as a release form for disclosure of confidential
				HIV-related information. Only Form HS-2, or other Department of Health approved
				form, is to be used for this purpose. A general medical release is not
				sufficient for the purpose of disclosing confidential HIV-related
				information.
(b) No person who
				obtains confidential HIV-related information in the course of his or her
				employment with the department or pursuant to a release of confidential
				HIV-related information may disclose or be compelled to disclose such
				information, except to the following:
(1) the
				protected individual or, when the protected individual lacks capacity to
				consent, a person authorized by law to consent to health care for the
				individual;
(2) any person to whom
				disclosure is authorized pursuant to a release of confidential HIV-related
				information in accordance with subdivision (a) of this section;
(3) a health care provider of the protected
				individual as defined in section
				7.2(j) 
				of this Part;
(4) Deputy
				Commissioner/Director of Correctional Medical Standards and employees within
				the Division of Health Services authorized by the Deputy Commissioner as
				necessary to perform their duties and to provide appropriate supervision,
				monitoring, administration or provision of treatment and services offered to
				the protected individual;
(5)
				Assistant Commissioner for Health Services and employees within the Division of
				Health Services as necessary on a need to know basis for providing appropriate
				supervision, monitoring, administration or provision of treatment and services
				offered to the protected individual;
(6) superintendent of the facility in which
				the protected individual is incarcerated as necessary on a need to know basis
				for providing appropriate supervision, monitoring, administration or provision
				of treatment and services offered to the protected individual, including
				services associated with possible parole release;
(7) attorneys for the department or with the
				Office of the Attorney General when access is reasonably necessary in the
				course of providing legal services and when reasonably necessary for
				supervision, monitoring, administration or provision of services;
(8) authorized employees of the facility
				Business Office, Deputy Superintendent for Administration, Central Office
				Budget and Finance, Bureau of Internal Controls, the Deputy Commissioner of
				Administration, and the Division of Audit and Control as necessary to ensure
				appropriate payment of medical services or to track expenses associated with
				HIV-related care;
(9) Assistant
				Commissioner for Population Management as necessary on a need to know basis for
				providing appropriate supervision, monitoring, administration or provision of
				treatment and services offered to the protected individual, including services
				associated with possible parole release;
(10) institutional parole officer from the
				facility medical director by use of the Health Discharge Summary
				Sheet;
(11) Parole Services Program
				Specialist by the Deputy Commissioner/Director of Correctional Medical
				Standards;
(12) authorized employee
				of the State Commission of Correction, as defined by the rules and regulations
				promulgated by the State Commission of Correction;
(13) a clinician of the Office of Mental
				Health upon the clinician's written request provided that the clinician is
				involved in the treatment of the individual, or if facility medical personnel
				believes the release of confidential HIV-related information to the clinician
				may be beneficial to the treatment of the individual;
(14) a medical director of a local
				correctional facility or the medical director of a Federal correctional
				facility or the medical director of the Bureau of Immigration and
				Naturalization Services in which the protected individual is incarcerated or is
				to be transferred, to the extent that such medical director is authorized to
				access such information with respect to a protected individual;
(15) a funeral director upon taking charge of
				the remains of a deceased person when such funeral director has access in the
				ordinary course of business to HIV-related information on the death certificate
				of the deceased individual, as authorized by Public Health Law, section
				2785;
(16) any person not listed above, to whom
				disclosure is authorized pursuant to Public Health Law, section 2782.1(a)
				through (o) or
				2785.