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 63.6 - Confidentiality and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  No person who obtains confidential HIV-related information in the course of
				  providing any health or social service 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 qualified person under section 18  of the Public Health Law, a person the
				  protected individual has authorized to access records relating to the provision
				  of health care under General Obligations Law article 5, title 15, or person
				  authorized pursuant to 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 section
				  63.5(a) 
				  of this Part;
(3) an agent or
				  employee of a health facility or health care provider if:
(i) the agent or employee is authorized to
				  access medical records;
(ii) the
				  health facility or health care provider itself is authorized to obtain the HIV-
				  related information; and
(iii) the
				  agent or employee provides health care to the protected individual, or
				  maintains or processes medical records for billing or reimbursement;
(4)
(i) a health care provider or health facility
				  when knowledge of the HIV-related information is necessary to provide
				  appropriate care or treatment to the protected individual or a child of the
				  individual;
(ii) a health care
				  provider or health facility when knowledge of HIV-related information is
				  necessary to provide appropriate care or treatment to a contact or exposed
				  individual, provided the requirements in section
				  63.8(m) 
				  of this Part are followed for disclosures involving exposures in risk
				  situations;
(iii) in circumstances
				  where consent for health care is necessary, disclosure may also be made to a
				  person authorized to consent to health care for such contact or for such
				  protected individual, provided that if disclosure is to a person authorized to
				  consent to the health care of a contact or to a contact when such contact has
				  been exposed to HIV under circumstances which present a risk of transmission,
				  the requirements in section
				  63.8(m) 
				  of this Part must be followed;
(5) a health facility or health care
				  provider, in relation to the procurement, or use of a human body or a human
				  body part, including organs, tissues, blood, semen, or other body fluids, for
				  use in medical education, research, therapy, or for transplantation to
				  individuals;
(6) health facility
				  staff committees, or accreditation or oversight review organizations authorized
				  to access medical records, provided that such committees or organizations may
				  only disclose confidential HIV-related information:
(i) back to the facility or provider of a
				  health or social service;
(ii) to
				  carry out the monitoring, evaluation, or service review for which it was
				  obtained; or
(iii) to a Federal,
				  State or local government agency for the purposes of and subject to the
				  conditions provided in subdivision (e) of this section;
(7) a Federal, State, county or local health
				  officer when such disclosure is mandated by Federal or State law, including
				  reporting and contact notification processes authorized pursuant to article 21,
				  title III, or pursuant to article 27-F;
(8) authorized agencies as defined by Social
				  Services Law, section
				  371 and corporations incorporated or
				  organized to receive children for adoption or foster care, in connection with
				  foster care or adoption of a child. Such agency shall be authorized to
				  redisclose such information only pursuant to the provisions of article 27-F of
				  the Public Health Law or in accordance with the provisions of Social Services
				  Law, section
				  373-A and regulations promulgated
				  thereunder;
(9) third-party
				  reimbursers or their agents to the extent necessary to reimburse health care
				  providers, including health facilities, for health services, provided that, an
				  otherwise appropriate authorization for such disclosure has been
				  secured;
(10) an insurance
				  institution, for other than the purpose set forth in paragraph (9) of this
				  subdivision, provided the insurance institution secures a dated and written
				  authorization that indicates that health care providers, health facilities,
				  insurance institutions, and other persons are authorized to disclose
				  information about the protected individual, the nature of the information to be
				  disclosed, the purposes for which the information is to be disclosed and which
				  is signed by:
(i) the protected
				  individual;
(ii) if the protected
				  individual lacks the capacity to consent, such other person authorized pursuant
				  to law to consent for such individual; or
(iii) if the protected individual is
				  deceased, the beneficiary or claimant for benefits under an insurance policy, a
				  health services plan, or an employee welfare benefit plan as authorized in
				  article 27-F of the Public Health Law;
(11) to 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
				  4142;
(12) any person to whom disclosure is ordered
				  by a court of competent jurisdiction pursuant to Public Health Law, section
				  2785;
(13) an employee or agent of the Division of
				  Probation and Correctional Alternatives, Division of Parole, Commission of
				  Correction, or any local probation department, to the extent the employee or
				  agent is authorized to access records containing such information in order to
				  carry out functions, powers and duties with respect to the protected person and
				  in accordance with regulations promulgated pursuant to Public Health Law,
				  article 27-F;
(14) a medical
				  director of a local correctional facility in accordance with regulations
				  promulgated pursuant to article 27-F to the extent the medical director is
				  authorized to access records to carry out his/her functions relating to the
				  protected person. Redisclosure by the medical director is prohibited except as
				  permitted under Public Health Law, article 27-F, article 21, title III and
				  implementing regulations;
(15) an
				  employee or agent of the New York City Board of Corrections so that the board
				  may continue to access records of inmates who die while in the custody of the
				  New York City Department of Corrections when necessary for the board to carry
				  out its duties, functions, and powers with respect to the protected individual,
				  pursuant to the New York City charter; or
(16) a law guardian, appointed to represent a
				  minor pursuant to the Social Services Law or the Family Court Act, for the
				  purpose of representing that minor. If the minor has the capacity to consent,
				  the law guardian may not redisclose confidential HIV-related information
				  without the minor's permission. If the minor lacks capacity to consent, the law
				  guardian may redisclose confidential HIV-related information for the purpose of
				  representing the minor;
(17) an
				  executor or administrator of an estate of a deceased person as needed to
				  fulfill his or her responsibilities/duties as an executor or administrator;
				  or
(18) qualified researchers for
				  medical research purposes upon the approval of a research protocol by a human
				  research review committee established and approved under the provisions of
				  article 24 - A of the Public Health Law or by an institutional review board
				  established and approved under applicable provisions of federal law, for the
				  purpose of reviewing and monitoring research involving human subjects, provided
				  that in no event shall any qualified researcher disclose information tending to
				  identify the subjects of the research.