HIV Reporting & Partner Services

HIV/AIDS Reporting at a Glance

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

1. What is Reportable?

NYS Public Health Law 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 individual diagnosed with HIV wishes to have notified. Physicians and others authorized to order HIV testing are required to report any determination or diagnosis of acute HIV infection, including primary HIV infection, acute retroviral syndrome, and early HIV infection, within one day (24 hours) of such determination or diagnosis. Insurance institutions, insurance support organizations, and health care providers associated with or under contract to a health maintenance organization or other medical services plan are subject to these regulations, except as noted in section 63.6(a)(9), (10) and (12). The Medical Provider HIV/AIDS and Partner/Contact Report Form (DOH-4189) must be completed no later than seven (7) days after the provider's receipt of a positive laboratory result or after diagnosis, whichever is sooner, for persons with the following diagnoses:

  1. Initial/New HIV diagnosis - First report of HIV antigen/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

2. How Do Providers Report?

Medical providers must complete the NYS Medical Provider HIV/AIDS and Partner/Contact Report Form (DOH-4189) for all reportable cases. For information regarding electronic reporting or paper forms, please call the NYSDOH at (518) 474-4284. Completed paper Provider Report Forms from providers outside of NYC can be mailed to:

Division of Epidemiology, Evaluation, and Partner Services
P.O. Box 2073, ESP Station
Albany, NY 12220-0073

Facilities located in NYC should call (212) 442-3388 to arrange pickup of paper Provider Report Forms. To protect confidentiality, faxing of reports is not permitted.

3. How Do Laboratories Report?

Laboratories and blood and tissue 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).

For specific reporting requirements for Laboratories, Blood, and Tissue Banks please refer to the Communicable Disease Reporting Guidelines.

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

New York Codes, Rules and Regulations Title: Part 63 - HIV/Aids Testing, Reporting and Confidentiality of HIV-Related Information requires that medical providers talk with individuals who are diagnosed with HIV about their options for informing their sexual and needle-sharing partners of a potential HIV exposure. The NYSDOH Partner Services Program provides assistance to individuals diagnosed with HIV and to medical providers who would like help notifying partners. For partner notification assistance, please contact your Local Health Department or an NYSDOH regional office.

5. 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

Partner Services is a free, confidential, and voluntary Department of Health program that assists in linking persons diagnosed with STIs and/or HIV, and their partners to testing, treatment, medical care, prevention interventions, and/or other appropriate support services to improve their health outcomes and reduce the risk of further transmission. Partner Services provides an immediate link between health care providers, persons diagnosed with HIV, Acquired Immunodeficiency Syndrome (AIDS), syphilis, mpox (formerly recognized as monkeypox), gonorrhea, or chlamydia 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 can 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