Please call the Provider line for information: (212) 442-3388
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:
Why Report Diagnoses of HIV and AIDS?
Who must report?
The NYC Department of Health and Mental Hygiene's (DOHMH) HIV Epidemiology Program (HEP) 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.)
How do providers report?
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.
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".
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
How to Report Partners to the Health Department
Available Options for Partner Notification
Resources for Partner Services
For more information please call 311 or e-mail HIVreport@health.nyc.gov.