AIRS & HIV Confidentiality

What's Confidentiality all about?

All New York State providers of health and human services who are authorized to receive HIV-related information about individuals are required, by Public Health Law, Article 27-F, to maintain policies that regulate the protection of HIV-related information, including the provision of training. Staff members who, in the course of their duties, handle or see such information must receive training on their legal obligations with regard to HIV-related information about individuals. Any worker who uses AIRS (AIDS Institute Reporting System), will be considered such a staff member.
Providers and users of AIRS, must conduct required HIV Confidentiality Trainings, or arrange for such training. An excellent comprehensive training in HIV Confidentiality called “HIV/AIDS Confidentiality Law Overview”, is available as a webinar at: http://www.ceitraining.org/resources/audio-video-detail.cfm?mediaID=104.

The training will delineate:

--Who is and is not required to comply with 27-F
--What constitutes HIV-related information about a person
--To whom this information may be passed with and without documented permission from the individual
--To whom it may not be passed at all
--Special confidentiality considerations with regards to electronic records

As providers of health and/or social services you are required to provide trainings in HIV Confidentiality for appropriate staff.

If you have any questions regarding HIV confidentiality, please contact:

William D. Karchner
Special Investigations Unit
518-473-2300

Contact SIU Confidentiality

HIV Confidentiality Forms

The AIDS Institute provides two forms to be used for the release of protected information:

“Authorization for Release of Medical Information and Confidential HIV Related Information” (DOH-2557, 2/11).

This form may be used for disclosures to single parties as well as multiple parties. It may be used to allow the exchange of information between multiple parties or to disclose information to each listed party separately.

“Authorization for Release of Health Information (Including Alcohol/Drug Treatment and Mental Health Information) and Confidential HIV/AIDS-related Information” (DOH-5032, 4/11).

This form facilitates the sharing of substance use, mental health and HIV/AIDS information. The form is somewhat like the DOH-2557 form, but fulfills a need within facilities in which different teams handle substance use, mental health and HIV/AIDS-related issues. In addition, this form fulfills a need between facilities and providers that care for the same patient. Like the DOH-2557 form, the DOH-5032 form is intended to allow multiple providers to discuss a single individual’s care and to facilitate coordinated and comprehensive treatment. When appropriate, the DOH-5032 form should be used in place of (but not in addition to) the DOH-2557 form.

Both of the above forms can be accessed and printed from the NYSDOH web site at http://health.ny.gov/diseases/aids/forms/. Technical assistance bulletins are available on the web site to answer general questions and to provide instructions in for completing the forms. These forms are available in English, Chinese, French, Haitian Creole, Italian, Korean, Russian, and Spanish.

You can learn more about HIPAA health privacy and security regulations by visiting the website for the US Department of Health and Human Services.