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N.Y. Comp. Codes R. & Regs. tit. 10 § 63.4 - Filing Reports of HIV and Related Diseases

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This regulation requires that physicians and other persons authorized to order diagnostic tests or make medical diagnoses report any determination or diagnoses of HIV or related illness to the commissioner immediately after post-test counseling but no later than 14 days after receiving the positive laboratory result.  The regulation further places similar requirements on blood banks, tissue banks and organ procurement organizations.  The regulation requires that pathologists, coroners and medical examiners who determine from examining a corpse or from the history of events leading to death that the deceased was affected by HIV or related illnesses are required to report this to the commissioner within 14 days of a positive test result or determination.  The regulation requires that laboratories performing these tests report determinations or diagnoses of HIV or related illnesses to the Commissioner, and sets forth certain specific lab results that the laboratories need to include in their reports.
 
With respect to the contents of the reports, the regulation states that while the commissioner may specify the format, the reports are required to include names and addresses of contacts, including spouses, known to the physician or provided by the protected individual, and the date each contact was notified if notification has already been completed.  Upon receiving this report, the regulation empowers the commissioner (or his/her agent) to request more information from the person reporting in order to conduct epidemiologic investigation, case finding and analysis of HIV and related illness.  The regulation excludes New York State approved anonymous testing sites from this reporting requirement unless the test subject chooses to make his/her identity known.
 
The regulation generally requires that all such reports and related information be maintained confidentially and allows disclosure for a few select reasons:

  • To public health officials for the purpose of conducting epidemiological monitoring of HIV/AIDS
  • To public health officials for conducting contact notification activities
  • To public health officials in other jurisdictions when necessary for contact notification
  • To state or local health departments by the public health disease programs to assess co-morbidity or completeness of reporting and to direct program needs (patient identification may not be disclosed outside of the state or local health deparment)

The regulation prohibits disclosure of identifying information during contact notification.  Additionally, the regulation allows the aggregation of information in these reports when approved by the commissioner in order to improve the quality of medical care.


Current as of June 2015