N.Y. Comp. Codes R. & Regs. tit. 10 § 63.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 63.5 - Disclosure pursuant to a release

(a) No confidential HIV-related information, including such information as related to domestic violence screening, shall be disclosed pursuant to a general release except to insurance companies as noted in section 63.6(a)(9) of this Part. Disclosure is permitted pursuant to a release of confidential HIV-related information. The release must be signed by the protected individual, or if the protected individual lacks capacity to consent, by a person specified in section 63.6(a)(1) of this Part.

(b) All written disclosures of confidential HIV information must be accompanied by a statement prohibiting redisclosure. The statement shall include the following language or substantially similar language: "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, except in limited circumstances set forth in this Part, sufficient authorization for further disclosure. Disclosure of confidential HIV information that occurs as the result of a general authorization for the release of medical or other information will be in violation of the State law and may result in a fine or a jail sentence or both."

(c) If oral disclosures are necessary, they must be accompanied or followed as soon as possible, but no later than 10 days, by the statement required by subdivision (b) of this section.

(d) The statement required by subdivisions (b) and (c) of this section is not required for disclosures made in accordance with section 63.6(a)(1), (4) or (9) of this Part, for releases made by a physician or their agent or public health officer to a contact; or for releases made by a physician or their agent to a person authorized pursuant to law to consent to the health care of the protected person when the person has been counseled and has refused to disclose and the disclosure is medically necessary. For disclosures of confidential HIV-related information from the patient's medical record to persons who are permitted to access this information pursuant to section 63.6(a)(3), (5), (6), (7) and (10) and (e) and (f) of this Part, it shall be sufficient for the statement required by subdivisions (b) and (c) of this section to appear as part of the medical record when a medical record is disclosed.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 63.5