N.Y. Comp. Codes R. & Regs. Tit. 9 § 8011.5 - Confidentiality

(a) No authorized officer or employee or agent of the division who obtains confidential HIV- related information in the course of performing his or her duties as an officer, employee or agent of the division 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 these regulations.

(b) It is the policy of the division that disclosure of confidential HIV-related information should, whenever possible, be made pursuant to the consent of the protected individual, and all reasonable steps, including appropriate counseling, should be taken to obtain consent. Once consent has been obtained, a release form that complies with the requirements of PHL, article 27-F is to be executed, and disclosure may then be made in accordance with that release. Only Department of Health approved form 4138 is to be used as a release form for disclosure of confidential HIV-related information. The provisions of this subdivision shall not apply to disclosures made for the purpose of defending litigation against the division, its officers or employees.

(c) In the absence of consent, disclosure may be made only to the following, and, except for disclosure pursuant to paragraph (1) of this subdivision, disclosure by parole officers and senior parole officers may be made only with the written approval of the area supervisor or designee or a parole services program specialist, such written approval to be placed in the parolee's file:

(1) an authorized officer or employee of the division, as defined in section 8011.2(g) of this Part;

(2) an authorized agent of the division, as defined in section 8011.2(h) of this Part, if disclosure is necessary to permit the agent to carry out his, her or its functions for the division;

(3) officers or employees of parole authorities of another state, or the United States Parole Commission, when such officers or employees are providing treatment or parole services pursuant to article 12-B of the Executive Law;

(4) a health care provider, but only when knowledge of the HIV-related information is necessary to provide care or treatment to the protected individual; for purposes of these regulations, disclosure to the medical director of the appropriate state correctional facility, or appropriate medical staff at a Division for Youth facility, is deemed to be necessary for any parole violator returned to the custody of the State Department of Correctional Services or the State Division for Youth;

(5) the medical director of a local correctional facility whenever a parole violator is being lodged at that correctional facility;

(6) any person to whom disclosure is ordered by a court of competent jurisdiction; and

(7) any person not listed in this subdivision, to whom disclosure is authorized pursuant to PHL, section 2782.1(a) through (o).

(d) Any disclosure, except disclosures pursuant to paragraph (c)(1) of this section, must be accompanied or followed by a written statement prohibiting further disclosure. Form 4137, a copy of which appears in subdivision (i) of this section, is to be used for this purpose.

(e) All disclosures, except disclosures pursuant to paragraph (c)(1) of this section, are to be appropriately documented in the case folder of the protected individual, who shall be informed of such disclosures upon request.

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

(g) 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.

(h) The division will take appropriate steps to make all authorized officers, 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 division's rules regarding confidentiality of records. All authorized officers, employees and agents of the division shall at all times maintain the confidentiality of any confidential HIV-related information in their possession.

(i) Form 4137-HIV information disclosure form.

NEW YORK STATE

DIVISION OF PAROLE

This information has been disclosed to you from confidential records which are protected by state law. State law prohibits you from making any further disclosures of this information without 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 for further disclosure.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8011.5