N.Y. Comp. Codes R. & Regs. tit. 10 § 63.7 - Documentation of HIV-related Information and Disclosures

This regulation requires that confidential HIV-related information be recorded in the protected individual's medical record to ensure ready access in order to provide proper care and treatment.  The regulation also requires that all disclosures of HIV-related information be recorded in the medical record, but draws certain exceptions:  only initial disclosures to insurance institutions need be recorded, notation is not requires when disclosure is to agents/employees of authorized health care facilities or providers, or when disclosure is to persons engaged in quality assurance or program monitoring or to governmental payment agents acting under pursuant to law or contract.  The regulation requires that the protected individual receive information about disclosures whenever s/he requests.  The regulation further prohibits disclosure of this confidential information pursuant to the Freedom of Information Law.  In the case of death of a protected individual, the regulation requires that HIV-related information be noted in the certificate of death or autopsy report.