Disclosure: Oral vs. Written Consent
Medical Provider to Medical Provider
Including County clinics
|Oral Consent||Always required for the release of medical information|
|Authorization for Release of Information||
Written authorization is not required when medical information is necessary for care and treatment of the individual.
A medical provider may use DOH Form 2557 or DOH Form 5032 to document consent for the release of HIV related information.
|Written General Release Forms||A medical provider should add a line specific to the release of HIV related information to an existing "Written General Release Form" for the release of medical records to another Medical Provider. Patients should initial to indicate their consent to release their medical record including HIV related information.|
Non-medical provider to Medical provider
Including Community Based Organizations
|Oral Consent||NYSDOH recommends that non-medical providers do not release HIV related information based upon oral consent only.|
|Authorization for Release of Information||Non-medical providers should use DOH Form 2557 or DOH Form 5032 to document consent for the release of HIV related information.|
|Written General Release Forms||N/A - The reference to "Written General Release Forms" is for use in medical settings only.|
|Release of information in emergency situations||Oral Consent||Oral consent to release HIV related information is acceptable, but not required.|
|Authorization for Release of Information||Authorization for Release of Information is not required for the release of HIV related informaiton when knowledge of the HIV related information is necessary to provide appropriate care or treatment.|
|Written General Release Forms||The completion of a "Written General Release Form" is not required for the release of HIV related information when knowledge of the HIV related information is necessary to provide appropriate care or treatment.|
Professional Misconduct for a Physician
The following is professional misconduct for a physician: "Revealing of personally identifiable facts, data, or information obtained in a professional capacity without the prior consent of the patient, except as authorized or required by law."
Thus, a health care provider needs to the patient's permission to disclose information to another health care provider. The permission does not need to take any particular form; a "general consent" is okay. Note that HIPAA allows disclosure of health information without a HIPAA authorization when the disclosure is for the purpose of treatment. Nevertheless, some form of "consent of the patient" is required under New York law.
Public Health Law Article 27-F
Public Health Law Article 27-F required a "release of confidental HIV related information" to disclose confidential HIV related information in most cases. That is a specific, written consent.
A "release of confidential HIV related information" has never been required when the disclosure is to "a health provider or health facility when knowledge of the HIV related information is necessary to provide appropriate care or treatment to the protected individual, a child of the individual, a contact of the protected individual or a person a;uthorized to consent to health care for such a contact."
The law was changed in September 2010 to clarify that not only is the "release of confidential HIV related information" not required in this situation, but also the disclosure does not have to be accompanied by the prohibition on re-disclosure statement.
Amended Testing Law and Oral Consent
When conducting Rapid HIV testing, oral consent, with Provider documentation in the patient record, is acceptable.
Laboratory settings should refer to the following link regarding release of informaiton and preliminary results: