Please call the Provider line for information: (212) 442-3388

How to report a Diagnosis of HIV or AIDS

Reporting HIV or AIDS Diagnosis is Mandatory

In 1998 New York State expanded its existing AIDS case reporting laws (Public Health Law Article 21 Chapter 163) to include reporting of people with HIV (non-AIDS) as well as AIDS to the state and local health departments. The newly amended law took effect on June 1, 2000. The law also requires reports of names of sexual or needle-sharing partners known to the medical provider or whom the infected person wishes to notify.

A state reporting form, the Medical Provider Report Form (PRF) or DOH-4189 revised 09/2016 must be completed for all persons within 14 days of the following diagnoses:

  1. Initial/new HIV diagnosis:
    First report of HIV positive test results, including Acute HIV Infection and persons diagnosed with HIV-2.
  2. Previously diagnosed HIV (non-AIDS):
    Reporting required by a medical provider who is seeing the patient for the first time and patient has not met criteria for AIDS.
  3. Initial/new diagnosis of AIDS:
    Including <200 CD4 cells/µ or one of the 28 opportunistic infections and/or conditions.
  4. Previously diagnosed AIDS:
    Reporting required by a medical provider who is seeing the patient for the first time.
  5. Report Electronically:
    You may also submit PRFs electronically by visiting the provider portal. You can get instructions for accessing the portal here (PDF).

Why Report Diagnoses of HIV and AIDS?+

  • It's the law!
    Article 21 (Title 3, Section 2130) requires health care providers to report HIV-related events on the Medical Provider Report Form (PRF).
  • Allows for monitoring of HIV and AIDS in New York City, such as:
    • Where HIV is spreading.
    • Identifying the number of people infected and potentially needing medical and/or social services.
    • Knowledge of epidemic trends over time.
  • Directs prevention efforts to populations at risk of infection.
  • Assists in allocating resources for caring and treatment for people living with HIV/AIDS.
  • It is the right thing to do!

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Who must report?+

  • All diagnostic and clinical providers (physicians, physician assistants, nurse practitioners, nurses, midwives) are required to report cases that meet the criteria outlined above.
  • Laboratories performing HIV testing are required to report to the New York State Department of Health.
    • All positive initial HIV screening immunoassay results
    • All results (positive, negative or indeterminate) from supplemental HIV immunoassays (HIV-1/2 differentiation assay, HIV-1 Western Blot, HIV-2 Western Blot, Immunofluorescence Assay)
    • All results of HIV nucleic acid (RNA or DNA) detection tests (quantitative and qualitative)
    • All CD4 counts and percentages unless known to be ordered for a condition other than HIV
    • All HIV nucleotide sequences generated by genotype testing

    The NYC Department of Health and Mental Hygiene's (DOHMH) HIV Epidemiology and Field Service Program (HEFSP) is authorized to investigate reports for persons reported from New York City to confirm the fact and date of diagnosis or laboratory test.

    (Note: Since laboratory reports do not include demographic, partner/contact, risk factor and testing history information, medical providers are required to submit a Medical Provider Report Form (PRF) for all newly diagnosed cases.)

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How do providers report?+

  • Complete a New York State form, Medical Provider HIV/AIDS and Partner/Contact Report Form (PRF) [DOH-4189 revised 9/2016]. Forms are available from New York State Department Health. Call (518) 474-4284 for copies of the forms. You may also submit PRFs electronically by visiting the provider portal. You can get instructions for accessing the portal here (PDF).
  • New York City providers submit completed forms to HEFSP by calling (212) 442-3388 to arrange for pickup. A field representative from the HEFSP will pick up the completed PRF form(s) from your designee at regular or agreed upon intervals. In order to protect patient confidentiality, faxing or mailing of reports is not permitted.
    Please allow our field representative to review the form in your facility and provide him/her with any missing information. Please also allow our staff to review medical charts to complete the reports.
  • All positive HIV tests in New York State must be reported, regardless of whether the patient returns for his/her test result. There is a space in the PRF form (section 1.7.) to indicate whether the patient has been informed of his/her HIV test result.
  • New York City providers who are reporting for the first time: Please call (212) 442-3388 to arrange for a meeting with our HEFSP field representative. Our staff will review with you the reporting protocol that meets the requirements of the New York State HIV Reporting Law.

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What about HIPAA, privacy and confidentiality, and reporting of HIV/AIDS to public health authorities?+

Under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, public health authorities are authorized to collect and receive private health information "for the purpose of preventing or controlling disease" and in the "conduct of public health surveillance…" without patient or provider consent or authorization other than state or local public health law. This clause authorizes providers to report HIV/AIDS cases to the HIV Epidemiology Program without obtaining patient consent and it authorizes health department personnel to review medical records and any other source of information needed to report the case.

Any other disclosure of HIV-related information must be made on the "HIPAA- Compliant Authorization for Release of Medical Information and Confidential HIV-Related Information". State law prohibits any further disclosure of HIV-related private health information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure that violates state law may result in a fine or jail sentence or both.

To review relevant sections from the Centers for Disease Control, MMWR, "HIPAA Privacy Rule and Public Health": 52(S-1), 1-12, May 2, 2003", click here.

To get a copy of the new "HIPAA-Compliant Authorization for Release of Medical Information and Confidential HIV-Related Information", click here.

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How does the HIV Epidemiology Program protect patient confidentiality?+

The highest priority of the HIV Epidemiology Program is to maintain the confidentiality of all persons reported with HIV/AIDS, including their names and other identifying information. We protect this information by adhering to the provisions of the New York State Public Health Law, the New York City Health Code, HIPAA and other federal legislation, and the HIV Epidemiology Program Confidentiality and Data Security Protocol.

For more information about State and City confidentiality protocols, visit HIV Reporting and Partner Notification Questions and Answers, "Protecting Confidentiality and Use of Data".

For further information about State regulations regarding the release of HIV-related information, visit Frequently Asked Questions regarding the HIV Testing Law, "Disclosure of HIV-related Information".

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Partner Services

New York State Public Health Law Article 21 (Chapter 163 of the Laws of 1998) requires that providers discuss with HIV-infected individuals their options for informing sexual and needle-sharing partners that they may have exposed to HIV. The Contact Notification Assistance Program (CNAP) of the New York City Department of Health and Mental Hygiene provides assistance to HIV-positive individuals and to providers who would like help with notifying partners.

As of mid-2013, NYC Department of Health and Mental Hygiene began providing partner services for all persons newly diagnosed with HIV in New York City and offering testing for reported partners.

Please call CNAP at (212) 693-1419, or call 311 and ask for CNAP.

Providers' Responsibilities for Partner Notification+

  • Talk with HIV-infected individuals (at the time of diagnosis and then yearly thereafter) about the option for informing sexual and needle-sharing partners that they may have been exposed to HIV.
  • Report all sexual and needle-sharing partners known to the provider, including spouses, and any partners the patient wishes to have notified, to local health department.

    Note: Naming of partners by the patient is voluntary. However, once a partner name is given (or if there is a known partner such as a spouse), the provider is obligated to report the partner to the health department. The provider is not obligated to conduct the notification himself.
  • Key partner information will be requested when reporting a partner, if available:
    • First and last name.
    • Date of birth.
    • Phone number, email address, or other additional contact information.
    • Results of domestic violence screening. Partner notification cannot proceed without the completion of the domestic violence screening.

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How to Report Partners to the Health Department+

  • Call the Contact Nonfiction and Assistance Program (CNAP) at (212) 693-1419.
  • Complete the PRF form section III or a continuation form.
  • Inform all newly HIV diagnosed patients that they may be contacted by DOHMH to further discuss partner notification.

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Available Options for Partner Notification+

  • Anonymous - someone from DOHMH notifies the reported partner of his/her possible exposure to HIV. The name of the index case is never disclosed to the partner.
  • Provider/DOHMH notification - the provider or the health department staff is present with the index patient in order to assist with the notification of the partner of possible exposure to HIV.
  • Patient notification - the index patient notifies partners on his/her own. This should occur after discussing a notification plan and strategy with either the provider or the health department. All reported patient notifications are verified by the health department staff to ensure that the reported partner was indeed notified of his/her possible exposure.

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Resources for Partner Services+

  • Important phone numbers:
    • Surveillance Provider line: (212) 442-3388 for questions regarding reporting.
    • Call CNAP at (212) 693-1419 for questions regarding partner services.
  • Training:
    • To Schedule PRF training, call the Surveillance Provider line.
    • Call CNAP for legal obligation of NYC providers.
  • To obtain CNAP materials or brochures, please call CNAP.

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References

For more information please call 311 or e-mail HIVreport@health.nyc.gov.