900.19 Confidentiality of HIV and AIDS related information.
(a) An operator or employee must not require that an applicant for
employment, volunteer, prospective resident, resident or employee be tested for HIV.
(b) An operator or employee must not require an applicant for
employment, volunteer, prospective resident, resident or employee to disclose confidential
HIV related information.
(c) Confidential HIV related information means any information, in the
possession of a person who provides one or more health or social services or who obtains
the information pursuant to a release of confidential HIV related information, concerning
whether an individual has been the subject of an HIV related test, or has HIV infection,
HIV related illness or AIDS, or information which identifies or reasonably could identify
an individual as having one or more of such conditions, including information pertaining
to such individual's contacts. The terms HIV related test, HIV infection, HIV related
illness and AIDS are defined in section 360-8.1 of this Title.
(d) The HIV status of an applicant for employment, prospective
resident, resident, volunteer or employee cannot be used as the sole basis to deny
admission, retention or employability.
(e)Confidential HIV related information may be disclosed by an
operator, employee or volunteer only in accordance with the procedures set forth in this
section and only as necessary to provide appropriate services to a resident.
(f) (1) The operator must maintain the confidentiality of individual
resident records, and not release information in a resident record to anyone other than
the resident, next of kin or authorized representative of the resident, an employee or
designee of the department or employees of the facility providing social services without
the resident's written permission, provided that confidential HIV related information
concerning residents must be maintained in accordance with this section.
(2) The operator must maintain confidential HIV
related information concerning employees, volunteers, applicants for employment and
prospective residents in accordance with this section.
(g) An operator, volunteer or employee who obtains confidential HIV
related information concerning any prospective resident, resident, applicant for
employment, employee or volunteer may disclose that information to a health care provider
or health facility when knowledge of the confidential HIV related information is necessary
to provide appropriate care or treatment to the protected individual. Except as specified
in subdivision (k) of this section, in all other circumstances, an operator, volunteer, or
employee who obtains confidential HIV related information concerning any applicant for
employment, prospective resident, resident, employee or volunteer must not disclose that
information without specific written authorization to release that information from:
(1) the protected individual; or
(2) a person authorized by law to consent to
health care for the individual.
(h) The authorization to release HIV information must:
(1) be dated;
(2) specify to whom disclosure is authorized;
(3) specify the purpose for the disclosure;
(4) specify the time period during which the
release is effective;
(5) specify that the information to be
disclosed is confidential HIV information; and (6) be signed by the protected individual
or, if the individual lacks capacity to consent, a person authorized pursuant to law to
consent to health care for the individual.
(i) A general authorization for the release of medical or other
information cannot be used as an authorization to release confidential HIV related
information.
(j) Whenever an operator, volunteer or employee discloses confidential
HIV related information, that person must:
(1) enter a dated and signed notation of
disclosure of confidential HIV related information in the protected individual's record;
and
(2) within 10 days of the date of disclosure,
when disclosure is oral, or simultaneous, when disclosure is written, give a written
statement to the person to whom the confidential HIV related information is disclosed
which states: "This information has been disclosed to you from confidential records
which are protected by State law. State law prohibits you from making any further
disclosure of this information without the specific written consent of the person to whom
it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in
violation of State law may result in a fine or jail sentence or both. A general
authorization for the release of medical or other information is not sufficient
authorization for further disclosure."
(k) Notwithstanding the requirements of this section, an operator of a
shelter for homeless families or an employee or volunteer of such a facility is obligated
to release confidential HIV related information to authorized employees or agents of the
department or a social services district when such information is reasonably necessary to
supervise, monitor, or administer the facility and such employee or agent of the
department or a social services district would, in the ordinary course of business have
access to such records. Authorized employees and agents of the department or a social
services district may obtain confidential HIV related information under this subdivision
even though the facility does not obtain the release specified in subdivision (h) of this
section. In addition, when information is released under this section by a shelter for
homeless families, the facility is not required to give the statement specified in
subdivision (j) of this section to the employees or agents of the department nor is the
facility required to indicate in any resident's record that the information was released.