Provider Reporting & Partner Services

HIV/AIDS Reporting at a Glance

Five Things to Know About HIV/AIDS Reporting in New York State

What is Reportable?

NYS Public Health Law (PHL) Article 21 (Chapter 163 of the Laws of 1998) requires the reporting of persons with HIV as well as AIDS to the NYSDOH. The law also requires that reports contain the names of sexual or needle-sharing partners known to the medical provider or whom the infected person wishes to have notified. The Medical Provider Report Form (PRF) (DOH-4189), must be completed within 14 days of diagnosis for persons with the following diagnoses or with known sex or needle-sharing partners:

  1. Initial/New HIV diagnosis - First report of HIV antibody positive test results.
  2. Previously diagnosed HIV infection (non-AIDS) - Applies to a medical provider who is seeing the patient for the first time.
  3. Initial/New Diagnosis of AIDS - Including <200 CD4 cells/µL or opportunistic infection (AIDS-defining illness).
  4. Previously diagnosed AIDS - Applies to a medical provider who is seeing the patient for the first time.
  5. Known sex or needle-sharing partners of persons with diagnosed HIV infection

How Do Laboratories Report?

Laboratories and blood and issue banks conducting HIV-related testing for NYS residents and/or for NYS providers (regardless of patient residence) are required to electronically report to NYSDOH results of any laboratory test, tests or series of tests approved for the diagnosis of HIV or for the periodic monitoring of HIV.

  1. All reactive/repeatedly reactive initial HIV immunoassay results AND all results (e.g. positive, negative, indeterminate) from all supplemental HIV immnoassays (HIV-1/2 antibody differentiation assay, HIV-1 Western blot, HIV-2 Western blot or HIV-1 Immunofluorescent assay);
  2. All HIV nucleic acid (RNA or DNA) detection tests (qualitative and quantitative), including tests on individual specimens for confirmation of nucleic acid-based testing (NAT) screening results;
  3. All CD4 lymphocyte counts and percentages, unless known to be ordered for a condition other than HIV;
  4. HIV genotypic resistance testing via the electronic submission of the protease, reverse transcriptase and integrase nucleotide sequence; and,
  5. Positive HIV detection tests (culture, P24 antigen).

How Do Providers Report?

Medical providers must complete the NYS PRF (DOH-4189) for all reportable cases. Information regarding electronic reporting or paper forms are available from the NYSDOH (518) 474-4284; clinicians located in NYC should call (212) 442-3388.   In order to protect patient confidentiality, faxing of reports is not permitted.

What Guidance is Available for Notifying Partners of HIV-infected Persons?

NYS Public Health Law requires that medical providers talk with HIV-infected individuals about their options for informing their sexual and needle-sharing partners that they may have been exposed to HIV.  The NYSDOH Partner Services program provides assistance to HIV-positive individuals and to medical providers who would like help notifying partners.  Call your local Health Department or NYSDOH Regional Contacts for Partner Services for STD/HIV assistance.

What About HIPAA and Confidentiality?

Under the federal HIPAA Privacy Rule, public health authorities have the right to collect or receive information "for the purpose of preventing or controlling disease" and in the "conduct of public health surveillance…" without further authorization. This exception to HIPAA regulations authorizes medical providers to report HIV/AIDS cases to the NYSDOH without obtaining patient permission.

Partner Services

The Partner Services Program provides an immediate link between health care providers, persons diagnosed with HIV, Chlamydia, gonorrhea or syphilis, and their sexual and/or needle-sharing partners. Partner Services can serve as a medical provider's proxy in identifying partners, conducting domestic violence screening and the notification plan, and will assist in completing the PRF (DOH-4189). Partner Services staff work with patients to develop a plan to notify their partners. Based on the patient's needs, staff can notify potentially exposed partners anonymously, as well as help patients who want to tell their partners on their own.

Additional Resources