New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids)
Section 164.7 - Confidentiality and disclosure
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 164.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Access to a youth's confidential HIV-related information shall be strictly limited. No flags or other markings on charts, lists on walls, or similar public displays shall be used to indicate youths' HIV status. Nothing in these regulations shall be construed to limit or enlarge access to that portion of a youth's file not containing confidential HIV-related information.
(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 in
accordance with the regulations of the Department of Health set forth at 10
NYCRR section
63.4(a);
(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 youth or a child of the
youth;
(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 services;
(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 paragraph
(19) of this subdivision;
(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 youth for adoption or foster care, in connection with
foster care or adoption of a youth. 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 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) 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 agent of the Division of
Parole, Division of Probation and Correctional Alternatives, or Commission of
Correction, in accordance with regulations promulgated by those
agencies;
(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;
(14) a physician may
disclose the confidential HIV-related information during contact notification
pursuant to Public Health Law, article 27-F;
(15) a physician may, upon the informed
consent of a youth or, if the youth lacks the capacity to consent, other person
qualified to give consent on behalf of the youth, disclose confidential
HIV-related information to a State, county, or local health officer for the
purpose of reviewing the medical history of a youth to determine the fitness of
the youth to attend school;
(16)
confidential HIV-related information may be disclosed to a governmental agency
or to authorized employees or agents of a governmental agency when the person
providing health services is regulated by the governmental agency or when the
governmental agency administers a health or social services program and when
such employees or agents have access to records in the ordinary course of
business and when access is reasonably necessary for supervision, monitoring,
administration or provision of services. Such authorized employees or agents
may include attorneys authorized by a government agency when access occurs in
the ordinary course of providing legal services and is reasonably necessary for
supervision, monitoring, administration or provision of services;
(17) confidential HIV-related information may
be disclosed to authorized employees or agents of a person providing health
services when such person is either regulated by a governmental agency or when
a governmental agency administers a health or social services program, and when
such employees or agents have access to records in the ordinary course of
business and when access is reasonably necessary for supervision, monitoring,
administration or provision of services and when such employee or agent has
been authorized by the division pursuant to this Part. Such authorized
employees or agents may include attorneys authorized by persons providing
health services when access occurs in the ordinary course of providing legal
services and is reasonably necessary for supervision, monitoring,
administration or provision of services;
(18) no person to whom confidential
HIV-related information has been disclosed shall disclose the information to
another person except as authorized by this Part; provided, however that the
provisions of this Part shall not apply to the protected youth or a natural
person who is authorized pursuant to law to consent to health care for the
protected individual;
(19) nothing
in this section shall limit a person's or agency's responsibility or authority
to report, investigate, or redisclose, child protective and adult protective
services information in accordance with title 6 of article 6 and titles 1 and 2
of article 9-B of the Social Services Law, or to provide or monitor the
provision of child and adult protective or preventive services;
(20) confidential HIV-related information
shall not be disclosed to a health care provider or health care facility if the
sole purpose of disclosure is infection control when such provider or facility
is regulated under the Public Health Law and required to implement infection
control procedures pursuant to Department of Health regulations;
(21) confidential HIV information shall not
be released pursuant to a subpoena. A court order pursuant to Public Health
Law, section
2785 is required;
(22) where a youth has obtained personal
confidential HIV-related information from an alternate anonymous testing site,
sexually transmitted disease clinic or the youth's private physician, the youth
may choose not to disclose any information to the division. However, all youth
must be informed that disclosing such information confidentially with selected
division staff may help him or her to manage the stress associated with HIV
infection and also assist in planning for appropriate services in the community
upon release. The test results will not be disclosed to any other person unless
the youth, or other person authorized to give consent, gives prior written
consent, pursuant to section
164.6 of this
Part or unless disclosed pursuant to paragraph (23) of this subdivision. Youth
must also be informed that once a positive test result is disclosed, it will be
shared confidentially with a limited number of people directly involved with
the youth's care and planning for care, as set forth below. These people will
be limited to the following:
(i) the
facility's medical staff caring for the youth (i.e., physician's assistant,
nurse, and the supervising physician of the physician's assistant or primary
care physician serving the youth where the facility lacks other medical
staff);
(ii) the facility director
or, as applicable, the youth's foster parents and the division staff
responsible for supervision of the youth's foster care case; and
(iii) the director of the division's Bureau
of Health and Recreation Services;
(23) if, in the judgment of the facility
health staff and facility director or, as applicable, the division staff
responsible for supervision of the youth's foster care case, the results must
be disclosed to additional party(ies), including the youth's parent(s) or
guardian(s), the facility director or foster care case supervisor shall consult
with the director of the Bureau of Health and Recreation Services. The director
of the bureau must concur with the facility director or the division staff
responsible for supervision of the youth's foster care case, if the information
is to be disclosed to others not approved by the youth. In such cases the
criterion used for overriding the youth's objections shall be that further
disclosure of the information is critically important for the youth's physical
or mental well-being, and that such benefit may not otherwise be obtained. At
no time will confidential HIV-related information be disclosed in violation of
Public Health Law, article 27-F. Any decision or action taken pursuant to this
paragraph and the basis for such decision or action shall be recorded in the
youth's medical file;
(24) where a
youth who has acquired HIV-related information through a division employed
physician or physician's assistant or through a physician maintained to serve
division youth, either on a contract or fee-for-service basis, the youth must
be advised that such information will be disclosed as set forth in paragraphs
(22) and (23) of this subdivision; and
(25) where such access is necessary in
furtherance of the duties of the Division's Office of Counsel, confidential
HIV-related information may be disclosed to the Division's Office of Counsel
and the New York State Attorney General's office.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.