HIV Testing Law and CDC Recommendations

NYS HIV Testing Law

The New York State HIV testing law has been amended in recent years. The following are the key provisions of the 2010, 2014 and 2015 amendments to the HIV testing law.

2010

  • HIV testing must be offered to all people between the ages of 13 and 64 who are receiving hospital or primary care services, with limited exceptions noted in the law. The offer must be made to inpatients, people seeking services in emergency departments, and people receiving primary care as an outpatient at a clinic or from a physician, physician assistant, nurse practitioner or midwife.
  • Prior to being asked to consent to HIV testing, patients must be provided information about HIV, as required by the Public Health Law.
  • Health care and other HIV test providers administering HIV testing must arrange, with the consent of the patient, an appointment for medical care for those confirmed as HIV positive.
  • HIV test requisition forms submitted to laboratories will be simplified, no longer requiring provider certification of informed consent having been obtained.
  • People who are deceased, comatose or otherwise incapable of providing consent, and who are the source of an occupational exposure, may now be tested for HIV in certain circumstances anonymously without consent.
  • Confidential HIV information may be released without a written statement prohibiting re-disclosure when routine disclosures are made to treating providers or to health insurers to obtain payment.

2014

  • Elimination of the requirement for written consent to conduct an HIV test. Oral consent is now acceptable in all settings, except for correctional facilities.
  • Enhanced data sharing allowing for the sharing of surveillance data between local and state health departments and health care providers for the purpose of individual linkage and retention in care.

2015

  • Elimination of the requirement for written consent within correctional facilities.

CDC Recommendations for HIV Testing

NYS Public Health Laws

More Information