Letter to Health Care Providers

Dear Colleague:

On July 30, 2010, Governor Paterson signed Chapter 308 of the Laws of 2010 authorizing significant changes in HIV testing in New York State.  This law was enacted to increase HIV testing in the state and promote HIV-positive persons entering into treatment. Implementing this legislation is critical since approximately 20% of HIV-positive New Yorkers are unaware of their infection status and 33% of persons newly identified with HIV are diagnosed with AIDS within one year. 

Key provisions of the legislation include:

  • HIV testing must be offered to all persons between the ages of 13 and 64 receiving hospital or primary care services with limited exceptions noted in the law. The offering must be made to inpatients, persons seeking services in emergency departments, persons receiving primary care as an outpatient at a clinic or from a physician, physician assistant, nurse practitioner or midwife.
  • Standardized model forms for obtaining informed consent and providing for disclosure will be developed by the New York State Department of Health and posted on the DOH website.
  • Consent for HIV testing can be part of a general durable consent to medical care, though specific opt out language for HIV testing must be included.
  • Consent for rapid HIV testing can be oral and noted in the medical record.
  • Prior to being asked to consent to HIV testing, patients must be provided the seven points of information about HIV required by the Public Health Law.
  • Health care and other HIV test providers authorizing HIV testing must arrange an appointment for medical care for persons confirmed positive.
  • HIV test requisition forms submitted to laboratories will be simplified.
  • Deceased, comatose or persons otherwise incapable of providing consent, and who are the source of an occupational exposure, may now be tested for HIV in certain circumstances 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.

More information and forms will be available on or before September 1, 2010. Stakeholder feedback will inform further implementation, modifications, and the development of regulations as necessary.  Questions not covered in the attached FAQ document may be sent to hivtestlaw@health.state.ny.us.

Sincerely,
Richard F. Daines, M.D.
Commissioner