N.Y. Comp. Codes R. & Regs. tit. 10 § 63.5 - Disclosure of Reports of HIV and Related Diseases Pursuant to Release

This regulation requires that a specific release of confidential HIV-related information be signed a protected individual, or in case of an incapacitated individual, release must be signed by individual responsible for making health decisions on behalf of individual.  The regulation further provides specific language to include in any written disclosure of confidential HIV-related information.  The regulation allows oral disclosures when necessary, but requires that they be accompanied or followed by the specified disclosure language within 10 days of disclosure.
 
The regulation exempts certain kinds of disclosures from the requirement that the disclosure be accompanied with a written statement:

• When a physician or public health officer discloses to a contact
• When a physician discloses to a person authorized to consent to health care of protected individual when the individual has been counseled and has refused to disclose and disclosure is medically necessary

The regulation further specifies a list of instances when it is sufficient if the required statement appears as part of the medical record when the medical record is disclosed.