1. New York State Confidentiality Law and HIV
Public Health Law Article 27-F

2. Article 27-F
 Thesection of New York State
Health Law that protects the
confidentiality and privacy of
anyone who has…

3. Been tested for HIV
Been exposed to HIV
HIV infection or HIV/AIDS related
illness
Been treated for HIV/AIDS related
illness

4. Article 27-F
 Requires anyone taking a voluntary
HIV test to first sign a consent form.
 Theconsent form ensures that the
person understands what the test means
and agrees to take it.

5. Article 27-F
 Requires that information about a
person’s HIV status can only be
disclosed if the person signs an HIV
release form.

6. Article 27-F
 Applies to individuals and facilities
that directly provide health or social
services and to anyone who receives
HIV related information about a person
pursuant to a properly executed HIV
release form.

7. Providers of Social Services
 May disclose confidential HIV related
information to an authorized employee
or agent of the provider when
reasonably necessary for supervision,
monitoring, administration, or
provision of services.

8. Authorized Employee or Agent
 Includes any employee or agent who
would, in the ordinary course of
business of the provider, have access to
records relating to the care of,
treatment of, or provision of health or
social service to the protected
individual.

9. Ordinary Course of Business
 A Typist - if typing a form that needs to include
this information.
 An Employment Worker - in order to verify a
client’s employability status.
 A Medicaid Worker - to begin the SSI referral
process.
 A Caseworker - to ensure that a foster child is
getting appropriate medical care.

10. Confidential
 Do not share HIV related
information with other DSS
employees unless they need to
know the information to
effectively serve the client.

11. Who Needs to Know?
Discuss in private with
supervision on a case by case
basis.

12.  Disciplinary
action
 Fined or jailed

13. Civil Suits
Any law suits filed will fall
on the worker.

14. Passive and Unintentional
Disclosures
 Computer Screens
 Paper Files
 Indirectly Revealing Identity
 Indirectly Revealing Information

15. Outside Agencies
HIV related information may
be disclosed to outside
agencies who have a need to
know if the client signs an
Approved HIV Release form.

16. Approved HIV Release Form
 Department of Heath HIPAA
Compliant Authorization for Release
of Medical Information and
Confidential HIV Related Information
(DOH 2557)

18. PAGE 1:
Department of
Heath HIPAA
Compliant
Authorization for
Release of Medical
Information and
Confidential HIV
Related
Information (DOH
2557)

19. PAGE 2:
Department of
Heath HIPAA
Compliant
Authorization for
Release of Medical
Information and
Confidential HIV
Related
Information (DOH
2557)

20. PAGE 3:
Department of
Heath HIPAA
Compliant
Authorization for
Release of Medical
Information and
Confidential HIV
Related
Information (DOH
2557)

21. Statement Prohibiting Re-disclosure
 Must accompany the approved HIV
release form.
 Prohibitsoutside agencies from further
disclosing HIV related information.

22. Example
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
for further disclosure.

23. Protected Individuals
 Must be fully informed regarding the
completion of the approved HIV
release form and accompanying
statement prohibiting further
disclosure.
 Must be handed a copy of both.

24. Case Record Documentation
 Boththe approved HIV release form
and the accompanying statement
prohibiting further disclosure must be
documented in the case record.

25. Case Record Documentation
 Theapproved HIV release form must
be obtained from the protected
individual and medical confirmation
must be received before including any
HIV related information in the case
record.

26. Do Not Flag
 HIV related information should be kept
in the medical section of the case
record in a separate packet.
 Case Records containing HIV related
information must not be flagged or
otherwise marked as containing such
information.

27. Court
A court order is required to release
HIV related information without an
approved HIV release form.
 An attorney issued subpoena is not
sufficient for release of HIV related
information without an approved HIV
release form.

28. HIV Related Information Can Be Disclosed To…
 The protected individual.
 A person authorized to consent to
health care for the protected individual.
 An attorney appointed to represent a
minor for the purpose of
representation.

29. HIV Related Information Can Be Disclosed To…
 Foster parents for the purpose of
providing care, treatment, or
supervision of the protected individual.
 Prospective adoptive parents with
whom a protected individual has been
placed for adoption.

30. HIV Related Information Can Be Disclosed To…
A relative or other person legally
responsible to whom a protective
individual is to be placed or discharged
for the purpose of providing care,
treatment, or supervision of the
protected individual.

32. AIDS Policy
Fulton County Department of Social Services

33. Nondiscriminatory Treatment
 Persons with AIDS or AIDS Related
Complex will be treated in the same
manner as any other applicant with a
serious and/or debilitating
noncommunicable (through casual
contact) disease.

34. Nondiscriminatory Treatment
 Applications will be accepted and
processed in the routine manner, and
referrals will be made to the Social
Security Administration for possible
eligibility for SSI.

35. Nondiscriminatory Treatment
 State Law prohibits a person who applies
for Social Services, Public
Assistance, Medical Assistance, SNAP
Assistance, Adult Services, or Housing
Services from being discriminated against
because he or she has AIDS or has been
treated for HIV.

36. DSS Confidentiality
 HIV related information maintained by
the department will be disclosed only to
authorized employees to enable the
employees to
supervise, monitor, administer, or provide
a health or social service only if such
employee would, in the ordinary course
of business, have access to such records.

37. DSS Confidentiality
 Disclosure of confidential HIV related
information to coworkers or supervision
is permitted only when the information is
reasonably necessary for the proper
provision of the service.

38. DSS Confidentiality
 Disclosure for the purpose of warning
another worker of HIV infection risk does
not satisfy the requirement of reasonable
necessity.

39. Outside Agency Confidentiality
 Disclosure of confidential HIV related
information to a provider of services is
permissible only when:
◦ The information is reasonably necessary for
the proper provision of the service that is to
be provided.
◦ An approved HIV release form has been
signed by the client.

40. Approved HIV Release Form
 Disclosure of HIV related information is
permitted only after an approved special
HIV release form is signed by the person
authorizing the release of their HIV
related information.
 The traditional DSS release is not
sufficient for disclosure.

41. Approved HIV Release Form
 The client must be fully informed before
signing the release and must be given a
copy of the release.
 Any written disclosure of confidential HIV
information must be accompanied by a
statement in writing prohibiting further
disclosure.

42. Accompanying Statement
 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
for further disclosure.

43. Documentation in Case Record
 Disclosure to an outside agency, the
completion of the approved HIV
release form, and accompanying
statement prohibiting further
disclosure must be documented in the
case record.

44. Documentation in Case Record
 Medical confirmation received by the
department must accompany the release
and statement prohibiting further
disclosure in the case record.

45. HIV Release Form Must Be Used
 For collecting data for the evaluation of a
person’s disability for purposes of
determining employability.
 For relatedness to a federal category for
medical assistance claiming purposes.
 For referral to the Social Security district
office for disability benefits.

46. Federal Pre-emption
 The Social Security Administration and
the Office of Disability Determinations
have been granted a federal pre-emption
regarding the approved HIV release form.

47. Federal Pre-emption
 DSS can continue to honor the Social
Security release of information form
when the Social Security Administration
or the Office of Disability Determinations
make a request for HIV related
information.

48. Mail and Office Correspondence
 Containing HIV related information must
be marked confidential.

49. Foster Care and Adoption
 Confidential HIV related information in
the child’s health history must be
provided to:
◦ Another authorized agency to whom the case
of the child is transferred.
◦ The foster parents who have responsibility for
the child’s care.

50. Foster Care and Adoption
◦ The prospective adoptive parents or adoptive
parents of the child.
◦ The biological parents when the child is
discharged to such parents.
◦ The child discharged to his or her own care.

51. Accompanying Statement
 The Statement prohibiting further
disclosure must accompany HIV related
information given to foster parents,
adoptive parents, and child care agencies.

52. Court Order
 Confidential HIV related information can
be disclosed for the purposes of judicial
administration only upon service of a
court order.
 A subpoena is not sufficient.

53. Fulton County Policy
 HIV related information is confidential
and may be accessed only by authorized
county personnel.

54. Fulton County Policy
 In order to become authorized, the
employees are required to attend a
training program, take a post test, and sign
an HIV/AIDS confidentiality statement.
 These staff members will be identified by
their department heads and authorization
in writing will be placed in their personnel
records.

55. The Employee Agrees Not To:
 Examine documents or computer data
containing such information unless
required in the course of his or her
official duties and responsibilities.
 Remove and/or copy any such documents
or computer data unless acting within the
scope of assigned duties.

56. The Employee Agrees Not To:
 Discuss the content of any such
documents or computer data with any
person unless that person has authorized
access to such documents or data.

57. The Employee Understands That:
 Violation of confidentiality may lead to
disciplinary action, including suspension or
dismissal from employment and criminal
prosecution.

58. Not Flagged
 Records are to be secured when not used
by authorized personnel to prevent
access by unauthorized persons.
 No records should be flagged or
identified differently than any other
record.

59. Referrals to Long Term Care
 Employees should offer persons with
AIDS the case management services of
the Long Term Care Unit.
 The Long Term Care Unit can assist the
client in gathering necessary
documentation and provide the client
with advocacy and guidance.

60. Referrals to Long Term Care
 Employees may give the client the
information and encourage self referral.
 Employees, with the clients permission,
may refer the client.
 The client should be present when the
employee makes the referral and there
should be no mention of AIDS.
 Only the disabling condition making the
client potentially eligible for services may
be mentioned.

61. Referrals to Long Term Care
 The client should be present when the
employee makes the referral and there
should be no mention of AIDS.
 Only the disabling condition making the
client potentially eligible for services may
be mentioned.

62. Face to Face Interviews
 Each local district must make itself
available for face-to-face interviews in
accordance with state regulations.
 A designated representative may file an
application, and if necessary even sign an
application, on behalf of a person with
AIDS.

63. Designated Representative
 The use of a designated representative is
based on the needs and degree of
disability of the applicant/recipient and
not the preferences of the local district.

64. SSI Referrals and Advocacy Services
 Employees should insure that persons
with AIDS file for, pursue, and be
determined eligible for SSI.
 In some instances, SSI can make a
presumptive determination, which allows
for immediate benefits while the case is
being processed.

65. SSI Referrals and Advocacy Services
 If a person with AIDS applies for SSI and
presents sufficient medical, financial, and
other documentation, the Social Security
Office or the Office of Disability
Determinations can determine the
person to be presumptively eligible for
regular SSI payments.

66. Presumptively Eligible
 Receive an SSI check within 10 business
days.
 Only lasts for three months.
 After three months, a final disability
determination must be completed.

67. Interim Assistance Recovery
 Interim Assistance can be recovered from
a client’s first SSI check if it is sent directly
to the agency.
 Presumptive SSI benefits are sent directly
to the applicant and interim assistance
cannot be recovered.

68. Request But Not Require
 DSS may request that an individual in
receipt of his SSI presumptive payments
refund Home Relief payments provided to
him or her, but may not require such a
refund.

69. Disability Review
 The Disability Review process identifies
disabled applicants/recipients and may
make them eligible for Medicaid under
the disabled category.
 This places them in a federally funded
program for the disabled.
 It allows their MA eligibility determination
to be based on high income eligibility
guidelines.

70. Disability Review
 Disability Review is a shared process
between Medicaid and Long Term Care.
 DSS staff must gather a social and medial
history to be sent to the state for review
and final determination.
 Persons with AIDS may be appropriately
referred for Disability Review.

71. Veterans Administration Benefits
 Employees need to be alert to the
possibility of Veterans Administration
benefits if the person served in the armed
forces during wartime, was honorably
discharged, and can present proof of
permanent and total disability.

72. Union/Pension Plans
 Employees should be alert to possible
benefits and encourage the client, or
representative, to pursue them.

73. Fulton County DSS AIDS Policy
 Is included in all Employee Orientation
Manuals.
 Is available on the I-Drive under Staff
Development.