HIV Confidentiality (2016)

This pamphlet explains who must keep your HIV status private and how to protect HIV confidentiality. Also available in Spanish.

To Disclose or not to Disclose? (2016)

Have you ever wondered whether to disclose your— or a patient’s— HIV status when completing medical forms for employment, school, camp, and other activities?  This pamphlet provides guidance about whether and how to disclose this sensitive health information. Also available in Spanish.

HIV/AIDS: Testing, Confidentiality & Discrimination. What You Need to Know About New York Law (2018)

An easy-to-use, comprehensive guide to New York State’s HIV testing, confidentiality, and discrimination laws. Updated in 2012, with an additional supplement in 2018, the manual provides a detailed explanation of New York’s HIV testing and privacy law (Article 27-F of the Public Health Law), including its relationship to HIPAA’s federal health privacy rules. The manual also reviews federal, state, and New York City anti-discrimination laws that protect people with HIV/AIDS. This manual is a must read for health and social service providers in New York who serve people with HIV/AIDS and also a vital resource for individuals affected by the HIV epidemic. Make sure to read the supplement located after the forward.

Model HIV/AIDS Confidentiality Policies & Procedures for Human Service Providers in New York State (2018)

These model policies and procedures can be used by HIV/AIDS service providers in New York State who are required by State law to develop confidentiality policies and procedures and to train their staff about HIV confidentiality.

HIPAA Compliance Checklist for HIV Providers (2008)

HIV service providers in New York who are covered by HIPAA can use this handy, step-by-step checklist to make sure they do everything they need to do to comply with HIPAA’s federal privacy requirements.

HIPAA Information Sheet for HIV Providers in New York State (2008)

This clear two-page fact sheet on HIPAA, written for HIV service providers in New York, explains what HIPAA is, who must comply with it, and its privacy and patient rights requirements.

New York State's HIV Confidentiality Law and the Federal HIPAA; A Summary for HIV/AIDS Providers (2012)

This summary covers the basic rules of New York’s HIV Confidentiality Law (Article 27-F of the Public Health Law) and HIPAA’s federal health privacy rules.  It helps HIV service providers decide if HIPAA applies and how it affects them.  It also explains how providers can comply with both laws. For a more comprehensive explanation of New York’s HIV Confidentiality law, read “HIV/AIDS: Testing, Confidentiality & Discrimination. What You Need to Know About New York Law.”

How to Create and Update Your Agency’s HIV Confidentiality Policies & Procedures and Ensure Staff Compliance (2018)

This training is designed to help health and social service agencies comply with New York State’s HIV confidentiality law, Article 27-F of the Public Health Law.

How to Litigate an HIV Confidentiality Case in New York (2016)

This training explains how to navigate issues central to most HIV confidentiality cases.  It includes a brief overview of New York’s HIV confidentiality statute and other relevant privacy laws, a review of administrative and litigation remedies, effective ways to counsel clients about options, strategies for choosing legal claims, calculating damages, proceeding under a pseudonym, and other issues, and sample forms.

HIV/AIDS Confidentiality Law Overview in New York State (2016)

This one-hour online training provides a basic overview of New York State’s HIV Confidentiality Law, Article 27-F of the Public Health Law.  The training is designed to meet provider requirements for initial training on confidentiality.

Client Advocacy: What to do When Your Client’s HIV Confidentiality or Testing Rights Have Been Violated (2014)

Explains what case managers, social workers, advocates, and administrators can do when their clients’ HIV confidentiality or testing rights have been violated either by a third party or by their own agency in New York State.

Authorization for Release of Confidential HIV Related Information

New York State Department of Health form authorizing the disclosure of HIV-related information.  Complies with both HIPAA and Article 27-F of the New York Public Health Law.  This form in other languages and related forms are available on the website of the Department of Health, AIDS Institute

Sample Notice Prohibiting Redisclosure

A notice prohibiting redisclosure must accompany most disclosures of confidential HIV-related information, including oral and written disclosures. For more information about when the notice prohibiting redisclosure is required, read “HIV/AIDS: Testing, Confidentiality & Discrimination (2018).”

Complaint Form for HIV Confidentiality Violations in New York (Oct. 2011)

The New York State Department of Health, AIDS Institute’s, form for reporting complaints about breach of HIV confidentiality under Article 27-F of the New York State Public Health Law. This form in other languages and related forms are available on the website of the Department of Health, AIDS Institute

HIPAA Violation Complaint package by U.S. Department of Health and Human Services Office of Civil Rights (July, 2009)

This package contains a complaint form for violations of HIPAA and explains the filing requirements.

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