N.Y. Comp. Codes R. & Regs. Tit. 9 § 8011.4 - Access to confidential HIV-related information

The following employees of the division are considered authorized employees who may have access to confidential HIV-related information on a need to know basis, as set forth in this section.

(a) Any parole officer assigned to, or any other employee providing treatment or parole services for, a particular case, and any parole officer who is covering a case for the regularly assigned parole officer and who needs access to the parole file in order to perform whatever duties are necessary to cover the case, may have access to any confidential HIV-related information contained in the parole file for that case;

(b) Other staff who make entries in case folders or electronic records may have access to confidential HIV-related information, but only to the extent that they actually make entries relating to the provision of treatment or parole services;

(c) The direct line casework supervisor (this will ordinarily be the senior parole officer, but may be any other individual performing that function, regardless of actual title) may have access, on a need to know basis, to confidential HIV-related information contained in the parole file for any case for which that direct line supervisor performs any supervisory duties.

(d) All supervisors in the direct line of supervision, and any officer or employee performing a planning, monitoring, administrative oversight, litigation or casework assistance function, may have access to any confidential HIV-related information contained in a particular parole file, provided that access to the parole file is reasonably necessary in order to carry out an appropriate supervisory, planning, monitoring, administrative oversight, litigation or casework assistance function. The direct line of supervision will ordinarily include the area supervisor, deputy regional director, regional director and the director of operations, or any other officer or employee designated to perform an equivalent supervisory function, regardless of actual title. Access to the parole file, and to any confidential HIV-related information contained in the file, will be on a need to know basis.

(e) Members of the Board of Parole.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8011.4