New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 2 - Determination of Eligibility-Categorical › Part 360 - MEDICAL ASSISTANCE › Subpart 360-8 - Confidentiality Of Hiv- And Aids-related Information › Section 360-8.1 - Confidentiality of HIV- and AIDS-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) acquired immune deficiency syndrome, as
			   may be defined from time to time by the Centers for Disease Control of the
			   United States Public Health Service.
(2) HIV infection means infection with the
			   human immunodeficiency virus or any other related virus identified as a
			   probable causative agent of AIDS.
(3) HIV related illness means any illness
			   that may result from or may be associated with HIV infection.
(4) HIV related test means any laboratory
			   test or series of tests for any virus, antibody, antigen or etiologic agent
			   whatsoever thought to cause or to indicate the presence of AIDS.
(5) Confidential HIV related information
			   means any information, in the possession of a person who provides one or more
			   health or social services or who obtains the information pursuant to a release
			   of confidential HIV related information, concerning whether an individual has
			   been the subject of an HIV related test, or has HIV infection, HIV related
			   illness or AIDS, or information which identifies or reasonably could identify
			   an individual as having one or more of such conditions, including information
			   pertaining to such individual's contacts.
(6) Health or social service means any public
			   or private care, treatment, clinical laboratory test, counseling or educational
			   service for adults or children, and acute chronic, custodial, residential,
			   outpatient, home or other health care provided pursuant to the Public Health
			   Law or the Social Services Law; public assistance or care as defined in article
			   one of the Social Services Law; employment-related services, housing services,
			   foster care, shelter, protective services, day care, or preventive services
			   provided pursuant to the Social Services Law; services for the mentally
			   disabled as defined in article one of the Mental Hygiene Law; probation
			   services, provided pursuant to article twelve of the Executive Law; parole
			   services, provided pursuant to article twelve-B of the Executive Law;
			   correctional services, provided pursuant to the Correction Law; and detention
			   and rehabilitative services provided pursuant to article nineteen-G of the
			   Executive Law.
(7) Person includes
			   any natural persons, partnership, association, joint venture, trust, public or
			   private corporation, or State or local government agency.
(8) Capacity to consent means an individual's
			   ability, determined without regard to the individual's age, to understand and
			   appreciate the nature and consequences of a proposed health care service,
			   treatment or procedure, or of a proposed disclosure of confidential HIV-related
			   information, as the case may be, and to make an informed decision concerning
			   the service, treatment, procedure or disclosure.