New York Public Health Code § 2782

Confidentiality and disclosure
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§ 2782. Confidentiality and disclosure. 1. No person who obtains\nconfidential HIV related information in the course of providing any\nhealth or social service or pursuant to a release of confidential HIV\nrelated information may disclose or be compelled to disclose such\ninformation, except to the following:\n  (a) the protected individual or, when the protected individual lacks\ncapacity to consent, a person authorized pursuant to law to consent to\nhealth care for the individual;\n  (b) any person to whom disclosure is authorized pursuant to a release\nof confidential HIV related information;\n  (c) an agent or employee of a health facility or health care provider\nif (1) the agent or employee is permitted to access medical records, (2)\nthe health facility or health care provider itself is authorized to\nobtain the HIV related information, and (3) the agent or employee\nprovides health care to the protected individual, or maintains or\nprocesses medical records for billing or reimbursement;\n  (d) a health care provider or health facility when knowledge of the\nHIV related information is necessary to provide appropriate care or\ntreatment to the protected individual, a child of the individual, a\ncontact of the protected individual or a person authorized to consent to\nhealth care for such a contact;\n  (e) a health facility or health care provider, in relation to the\nprocurement, processing, distributing or use of a human body or a human\nbody part, including organs, tissues, eyes, bones, arteries, blood,\nsemen, or other body fluids, for use in medical education, research,\ntherapy, or for transplantation to individuals;\n  (f) health facility staff committees or accreditation or oversight\nreview organizations authorized to access medical records; provided that\nsuch committees or organizations may only disclose confidential HIV\nrelated information: (1) back to the facility or provider of a health or\nsocial service; (2) to carry out the monitoring, evaluation, or service\nreview for which it was obtained; or (3) to a federal, state or local\ngovernment agency for the purposes of and subject to the conditions\nprovided in subdivision six of this section;\n  (g) a federal, state, county or local health officer when such\ndisclosure is mandated by federal or state law;\n  (h) an authorized agency in connection with foster care or adoption of\na child. Such agency shall be authorized to redisclose such information\nonly pursuant to this article or in accordance with the provisions of\nsubdivision eight of section three hundred seventy-two and section three\nhundred seventy-three-a of the social services law;\n  (i) third party reimbursers or their agents to the extent necessary to\nreimburse health care providers for health services; provided that,\nwhere necessary, an otherwise appropriate authorization for such\ndisclosure has been secured by the provider;\n  (j) an insurance institution, for other than the purpose set forth in\nparagraph (i) of this subdivision, provided the insurance institution\nsecures a dated and written authorization that indicates that health\ncare providers, health facilities, insurance institutions, and other\npersons are authorized to disclose information about the protected\nindividual, the nature of the information to be disclosed, the purposes\nfor which the information is to be disclosed and which is signed by: (1)\nthe protected individual; (2) if the protected individual lacks the\ncapacity to consent, such other person authorized pursuant to law to\nconsent for such individual; or (3) if the protected individual is\ndeceased, the beneficiary or claimant for benefits under an insurance\npolicy, a health services plan, or an employee welfare benefit plan as\ndefined in 29 U.S.C. 1002(1), covering such protected individual;\n  (k) any person to whom disclosure is ordered by a court of competent\njurisdiction pursuant to section twenty-seven hundred eighty-five of\nthis article;\n  (l) an 

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