N.Y. Comp. Codes R. & Regs. tit. 4 § 83.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 83.5 - Confidentiality

(a) No person who obtains confidential HIV related information in the course of performing his or her duties as an employee or agent of the department may disclose such information except in accordance with the provisions of the HIV and AIDS Related Information Act (Public Health Law, article 27-F) and the provisions of this Part.

(b) Any disclosure, except disclosures to employees or agents of the department where reasonably necessary to carry out their official duties and to any person to whom disclosure is mandated by a court of competent jurisdiction, must be accompanied by the following written statement prohibiting further disclosure: "This information has been disclosed to you from confidential records which are protected by State law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of State law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization to further disclosure."

(c) All disclosures, except disclosures to employees and agents as reasonably necessary to perform their official duties, are to be appropriately documented in the case folder of the protected individual, who shall be informed of such disclosures upon request.

(d) No flags on case folders, lists on walls, or other similar displays shall be used to indicate clients with HIV infection. This shall not be construed to prevent the existence of specialized caseloads.

(e) Confidential HIV related information shall not be disclosed in response to a request under the Freedom of Information Law (Public Officers Law, article 6) or in response to a subpoena. A court order issued pursuant to Public Health Law, section 2785 is required.

(f) The department will take appropriate steps to make all employees and agents aware of the provisions of the HIV and AIDS Related Information Act (PHL, article 27-F) concerning confidentiality of HIV related information and the department's rules regarding confidentiality of records. All authorized employees and agents of the department shall at all times maintain the confidentiality of any confidential HIV related information in their possession.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 83.5