New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 505 - Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 505.7 - Confidentiality and disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Access to an individual's clinical records, including HIV information, shall be
				limited to those staff with treatment responsibility for that individual. No
				flags on charts, lists on walls, or similar public displays shall be used to
				indicate individuals with HIV infection.
(b) 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;
(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) 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;
(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
				disclose confidential HIV-related information only:
(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 supervising, monitoring or
				administering such facility;
(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 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 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, where
				necessary, an otherwise appropriate authorization for such disclosure has been
				secured by the provider;
(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 which 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) any person to whom disclosure is ordered
				by a court of competent jurisdiction pursuant to section 2785  of the Public Health Law;
(12) an employee or agency of the Division of
				Parole, Division of Probation and Correctional Alternatives, or Commission of
				Correction, in accordance with regulations promulgated by those agencies;
				and
(13) a medical director of a
				local correctional facility in accordance with regulations promulgated by the
				facility operator. Redisclosure by the medical director is prohibited except as
				permitted under Public Health Law, article 27-F and its implementing
				regulations.