2784 – Applicability to Insurance Institutions and Insurance Support Organizations.
§ 2784. Applicability to insurance institutions and insurance support organizations. Except for disclosure to third party reimbursers and insurance institutions pursuant to paragraphs (i) and (j) of subdivision one of section twenty-seven hundred eighty-two of this article and except for disclosures pursuant to section twenty-seven hundred eighty-five of this article, the provisions of this article […]
2785 – Court Authorization for Disclosure of Confidential HIV Related Information.
§ 2785. Court authorization for disclosure of confidential HIV related information. 1. Notwithstanding any other provision of law, no court shall issue an order for the disclosure of confidential HIV related information, except a court of record of competent jurisdiction in accordance with the provisions of this section. 2. A court may grant an order […]
2785-A – Court Order for HIV Related Testing in Certain Cases.
§ 2785-a. Court order for HIV related testing in certain cases. 1. Notwithstanding any contrary provision of law or regulation, a state, county or local public health officer to whom an order or a consent for an HIV test is addressed or sent, in accordance with section 390.15 of the criminal procedure law or section […]
2786 – Rules and Regulations; Forms; Report.
§ 2786. Rules and regulations; forms; report. 1. The commissioner shall promulgate rules and regulations concerning implementation of this article for health facilities, health care providers and other persons to whom this article is applicable. The commissioner shall also develop standardized model forms to be used for informed consent for HIV related testing and for […]
2787 – Separability.
§ 2787. Separability. If any section, clause or provision of this article shall be deemed by any court of competent jurisdiction to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall […]
2781-A – Required Offering of HIV Related Testing.
§ 2781-a. Required offering of HIV related testing. 1. Every individual age thirteen and older (or younger than thirteen if there is evidence or indication of risk activity) who receives health services as an inpatient or in the emergency department of a general hospital defined in subdivision ten of section twenty-eight hundred one of this […]
2782 – Confidentiality and Disclosure.
§ 2782. Confidentiality and disclosure. 1. No person who obtains confidential HIV related information in the course of providing any health or social service or pursuant to a release of confidential HIV related information may disclose or be compelled to disclose such information, except to the following: (a) the protected individual or, when the protected […]
2783 – Penalties; Immunities.
§ 2783. Penalties; immunities. 1. Any person who shall: (a) perform, or permit or procure the performance of, an HIV related test in violation of section twenty-seven hundred eighty-one of this article; or (b) disclose, or compel another person to disclose, or procure the disclosure of, confidential HIV related information in violation of section twenty-seven […]
2780 – Definitions.
§ 2780. Definitions. As used in this article, the following terms shall have the following meanings: 1. “AIDS” means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service. 2. “HIV infection” means infection with the human immunodeficiency virus or […]
2781 – HIV Related Testing.
§ 2781. HIV related testing. 1. Except as provided in section three thousand one hundred twenty-one of the civil practice law and rules, or unless otherwise specifically authorized or required by a state or federal law, no person shall order the performance of an HIV related test without first, at a minimum, orally advising the […]