N.Y. Comp. Codes R. & Regs. tit. 14 § 309.8 - Policies and Procedures Regarding Confidentiality of HIV-Related Information in Facilities for Alcoholism

This regulation requires that all facilities for alcoholism have policies and procedures in place to govern HIV testing and confidentiality of HIV-related information.  The regulation further details what the policies should do:

• Minimize the number of employees or agents with access to the information
• List the job titles and employee function of those employees with authorized access to the information
• Describe the limits on access
• Prohibit disclosure by any employee or agent
• Require that the supervisors of facilities inform each employee with access in writing that they are not allowed to examine documents, to remove or copy documents, discuss the content of the documents, disclose alcoholism patient status or HIV-related information unless in the course of their duties and in compliance with this regulation
• Require that each employee with access sign a statement saying that s/he understands the restrictions, and that violation of the restrictions may result in disciplinary action or arrest and criminal prosecution

Further, the regulation requires that all records, including those stored electronically, be maintained securely, and that the facility specify procedures for handling requests for confidential information by outside parties.  The regulation requires that all facilities establish an infection control plan, and sets forth certain minimum requirements for the plan, including the requirement for a system of reporting potential instances of exposure and protecting the confidentiality of those involved in reported exposures.