Effective Date: 02/22/2012
Title: Section 63.4 - Filing of reports
63.4 Filing of reports.
(a)(1) All determinations or diagnoses of Human Immunodeficiency Virus (HIV) infection, HIV-related illness and Acquired Immune Deficiency Syndrome (AIDS) shall be reported to the commissioner by physicians and other persons authorized to order diagnostic tests or make medical diagnoses or their agents as soon as possible after post-test counseling but no later than 14 days after the provider's receipt of a positive laboratory result or after diagnosis, whichever is sooner.
(2) All determinations or diagnoses of HIV, HIV-related illness and AIDS shall be reported to the commissioner by blood banks as defined in Article 5, Title V of the Public Health Law, by tissue banks and organ procurement organizations as defined by Article 43-B of the Public Health Law as soon as possible after post-test counseling but no later than 14 days after receipt of a confirmed positive laboratory result or after diagnosis, whichever is sooner. Such banks and organizations shall report confirmed positive HIV antibody test results.
(3) Pathologists, coroners and medical examiners or other persons determining from examination of a corpse or from the history of the events leading to death, that at the time of death the individual was apparently affected with HIV infection, HIV-related illness or AIDS shall also make such report to the commissioner within 14 days after receipt of a test result or determination.
(4) Laboratories performing tests for screening, diagnosis or monitoring of HIV infection shall report to the Commissioner cases of determinations or diagnoses of HIV infection, HIV-related illness and AIDS on a schedule to be specified by the Commissioner. Laboratories shall report the following: any antigen or antibody tests or combination of tests indicative of HIV infection, HIV nucleic acid (RNA or DNA) detection test results, all CD4 lymphocyte counts unless the test was known to be performed for reasons other than HIV infection or HIV-related illness, HIV subtype and antiviral drug resistance testing in a format designated by the Commissioner, and the results of other tests as may be determined by the Commissioner to indicate a diagnosis of HIV infection, HIV-related illness or AIDS.
(b) Reports, including names and addresses of the protected individual, all contact and locating information and other information including demographic, and identifying information as may be specified by the commissioner, shall be made in a manner and format as prescribed by the commissioner. Information reported shall also include names and addresses, if available, of contacts, including spouses, known to the physician or other person authorized to order diagnostic tests or make medical diagnoses, or provided to them by the protected person, and the date each contact was notified if contact notification has already been done; and information, in relation to each reported contact, required by an approved domestic violence screening protocol. After receiving the report, the commissioner or his/her authorized representative may request the individual making the report or the person who ordered the diagnostic tests to provide additional information as may be required for the epidemiologic investigation, case finding and analysis of HIV infection, HIV-related illness and Acquired Immune Deficiency Syndrome (AIDS) and to implement Public Health Law Article 21, Title III. Notwithstanding this subdivision, test results from New York State approved anonymous test sites shall not be reported to the commissioner unless the test subject chooses to supply identification and convert the anonymous test result to a confidential test result.
(c) Confidentiality. Such reports and additional information maintained by the commissioner or his/her designated representative, including all information generated by contact notification and domestic violence screening activities, shall be kept confidential as required by Public Health Law, Article 21, Title III, and shall not be disclosed except when in the judgment of the public health official, necessary to other authorized public health officials for conducting accurate and complete epidemiological monitoring of the HIV/AIDS epidemic and for conducting contact notification activities, except that information may be disclosed to public health officials in other jurisdictions when necessary to notify the contact or for purposes of de-duplication; no information about the protected individual will be released to any person in the contact notification process. Reports and information may be used in the aggregate in programs approved by the commissioner for the improvement of the quality of medical care provided to persons with HIV/AIDS; or with patient identifiers when used within the state or local health department by public health disease programs to assess co-morbidity or completeness of reporting and to direct program needs, in which case patient identifiers shall not be disclosed outside the state or local health department. Nothing contained herein shall prevent the department, municipal health commissioner or district health officer from informing physicians and other persons authorized to order diagnostic tests or make medical diagnoses or their agents that there is no need for additional follow-up by such provider for such individual.