Health Center Guidelines
Medical records are considered confidential records. NYS Law protects HIV- related information, including HIV test results, from being disclosed by health and social service providers without the client's consent.
Disclosure of HIV-related information is permitted with an executed HIV release form approved by the State Health Department which indicates the specific person or organization who will receive the information. All disclosures of confidential HIV information must be accompanied by a statement prohibiting re-disclosure. If oral disclosure is necessary, it must be accompanied by a re-disclosure prohibition statement within 10 days.
Disclosure without a release form may be made to certain authorized persons described in the law and noted on the HIV antibody test informed consent form.
A physician may notify a contact without consent if he or she believes that disclosure is medically appropriate; if the contact is at significant risk of HIV infection; and if the protected person will not inform the contact after being counseled to do so. Before notifying the contact, the physician is required to inform the protected person of the physician's intent to notify the contact and comply with the protected person's choice of whether the physician or a public health officer via the Partner Notification Program will notify the contact. The physician or public health officer should never identify the protected person to the contact.
New York State Public Health Law Article 27-F also includes provisions regarding HIV-related testing and requirements for written informed consent prior to testing, as well as information regarding penalties for violating the law. More detailed information on confidentiality disclosure requirements,and the issuance of court orders can also be found in this Article.
Based on New York State (NYS) Public Health Law Article 27-F