NY State HIV Confidentiality Law and Electronic Records

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What's Confidentiality all about?

All New York State providers of health and human services who are authorized to receive HIV-related information about individuals are required, by Public Health Law, Article 27-F, to maintain policies that regulate the protection of HIV-related information, including the provision of training. Staff members who, in the course of their duties, handle or see such information must receive initial and annual training on their legal obligations with regard to HIV-related information about individuals. Any worker who uses AIRS (AIDS Institute Reporting System), will be considered such a staff member.

To help all our providers and users of AIRS, the AIDS Institute hold regular HIV Confidentiality Trainings.

The training will delineate:

• Who is and is not required to comply with 27-F
• What constitutes HIV-related information about a person
• To whom this information may be passed with and without documented permission from the individual
• To whom it may not be passed at all

Electronic records bring with them some special considerations with regard to confidentiality, this training will address these as well.

As providers of health and/or social services you are required to provide initial and annual trainings in HIV Confidentiality for appropriate staff.

If you have any questions regarding HIV confidentiality, please call Jeffrey Karaban, Special Investigations Unit, at 212-417-4778. Or you may e-mail him at jwk02@health.state.ny.us.

HIV Confidentiality Forms (4/2011)

The AIDS Institute recently announced to our contractors the availability of the revised “Authorization for Release of Medical Information and Confidential HIV Related Information” (DOH-2557) form and a new form entitled “Authorization for Release of Health Information (Including Alcohol/Drug Treatment and Mental Health Information) and Confidential HIV/AIDS-related Information” (DOH-5032).

“Authorization for Release of Medical Information and Confidential HIV Related Information” (DOH-2557, 2/11)

This form was revised and replaces all previous versions of release forms. The form was streamlined and may be used for disclosures to single parties as well as multiple parties. It may be used to allow multiple parties to exchange information among and between themselves or to disclose information to each listed party separately.

“Authorization for Release of Health Information (Including Alcohol/Drug Treatment and Mental Health Information) and Confidential HIV/AIDS-related Information” (DOH-5032, 4/11)

This form is new and was created to facilitate sharing of substance use, mental health and HIV/AIDS information. The form is somewhat like the DOH-2557 form, but fulfills a need within facilities in which different teams handle substance use, mental health and HIV/AIDS-related issues. In addition, this form fulfills a need between facilities and providers that care for the same patient. Like the DOH-2557 form, the DOH-5032 form is intended to encourage multiple providers to discuss a single individual’s care among and between themselves to facilitate coordinated and comprehensive treatment. When appropriate, the DOH-5032 form should be used in place of (but not in addition to) the DOH-2557 form.

Both of the above forms can be accessed and printed from the NYSDOH web site at http://health.ny.gov/diseases/aids/forms/. Technical assistance bulletins are available on the web site to answer general questions and to provide instructions in completing the forms. The Spanish version of both forms will be forthcoming soon.