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 7064.8 - 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 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
					 7064.7(a) 
					 of this Part;
(3) any 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) a health care provider or
					 health facility, including a health care provider employed or health facility
					 operated by the Department of Corrections and Community Supervision, 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;
(5) a health facility
					 or health care provider, in relation to the procurement, processing,
					 distributing or use of a human body or a human body part, including organs,
					 tissues, eyes, bones, arteries, 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;
(8) authorized agencies as defined by section 371 (10)  of the Social
					 Services Law, 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 section 373-A  of the Social Services
					 Law;
(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
					 section 2785  of the Public Health Law;
(13) an employee or agent of the Division of
					 Parole, Division of Probation and Correctional Alternatives or local probation
					 department, or Commission of Correction, to the extent the employee or agent is
					 authorized to access records containing such information in order to carry out
					 his or her agency's functions, powers, and duties with respect to the protected
					 individual, pursuant to each agency's regulations promulgated in accordance
					 with article 27-F of the Public Health Law;
(14) a medical director of a local
					 correctional facility in accordance with the policies and procedures of the
					 correctional facility; and
(15) an
					 employee or agent of a provider of health or social services, including but not
					 limited to the Department of Corrections and Community Supervision and local
					 correctional facilities, when reasonably necessary to provide supervision,
					 monitoring or administration of services and when these employees or agents
					 have access in the ordinary course of business to records relating to the care,
					 treatment, or provision of a health or social service, and in accordance with
					 such provider's regulations promulgated in accordance with article 27-F of the
					 Public Health Law. Disclosure to an employee or agent of a local correctional
					 facility pursuant to this paragraph shall be consistent with section 601  of the Correction Law and Part 7033 of
					 this Chapter and shall be authorized only when such disclosure is necessary to:
(i) enable the chief administrative officer
					 to appropriately maintain custody and supervision of the protected person or
					 provide for the safety and protection of the protected person or provide for
					 the safety and protection of staff, other inmates, or the facility;
					 and
(ii) the medical director
					 reasonably believes that without disclosure circumstances will exist creating a
					 significant risk of contracting or transmitting HIV infection.