(a) An operator
or employee of a shelter for adults, small-capacity shelter or shelter for
adult families must not require that an applicant for employment, volunteer,
prospective resident, resident or employee be tested for HIV.
(b) An operator or employee of a shelter for
adults, small-capacity shelter or shelter for adult families must not require
an applicant for employment, volunteer, prospective resident, resident or
employee to disclose confidential HIV-related information.
(c) Confidential HIV-related information
means any information, in the possession of a person who provides one or more
health or social services or who obtains the information pursuant to a release
of confidential HIV-related information, concerning whether an individual has
been the subject of an HIV-related test, or has HIV infection, HIV-related
illness or AIDS, or information which identifies or reasonably could identify
an individual as having one or more of such conditions, including information
pertaining to such individual's contacts. The terms HIV-related test, HIV
infection, HIV-related illness and AIDS are defined in section
360-8.1
of this Title.
(d) The HIV status
of an applicant for employment, prospective resident, resident, volunteer or
employee cannot be used as the sole basis to deny admission, retention or
employability.
(e) Confidential
HIV-related information may be disclosed by an operator, employee or volunteer
only in accordance with the procedures set forth in this section and only as
necessary to provide appropriate services to a resident.
(f)
(1) The
operator of a shelter for adults, small-capacity shelters or shelter for adult
families must maintain the confidentiality of individual resident records, and
not release information in a resident record to anyone other than the resident,
next of kin or authorized representative of the resident, an employee or
designee of the office or employees of the facility providing social services
without the resident's written permission, provided that confidential
HIV-related information concerning residents must be maintained in accordance
with this section.
(2) The operator
of a shelter for adults, small-capacity shelter or shelter for adult families
must maintain confidential HIV-related information concerning employees,
volunteers, applicants for employment and prospective residents in accordance
with this section.
(g)
An operator, volunteer or employee of a shelter for adults, small-capacity
shelter or a shelter for adult families who obtains confidential HIV-related
information concerning any prospective resident, resident, applicant for
employment, employee or volunteer may disclose that information to a health
care provider or health facility when knowledge of the confidential HIV-related
information is necessary to provide appropriate care or treatment to the
protected individual. Except as specified in subdivision (k) of this section,
in all other circumstances, an operator, volunteer, or employee who obtains
confidential HIV-related information concerning any applicant for employment,
prospective resident, resident, employee or volunteer must not disclose that
information without specific written authorization to release that information
from:
(1) the protected individual;
or
(2) a person authorized by law
to consent to health care for the individual.
(h) The authorization to release HIV-related
information must:
(1) be dated;
(2) specify to whom disclosure is
authorized;
(3) specify the purpose
for the disclosure;
(4) specify the
time period during which the release is effective;
(5) specify that the information to be
disclosed is confidential HIV-related information; and
(6) be signed by the protected individual or,
if the individual lacks capacity to consent, a person authorized pursuant to
law to consent to health care for the individual.
(i) A general authorization for the release
of medical or other information cannot be used as an authorization to release
confidential HIV-related information.
(j) Whenever an operator, volunteer or
employee of a shelter for adults, small-capacity shelter or shelter for adult
families discloses confidential HIV-related information, that person must:
(1) enter a dated and signed notation of
disclosure of confidential HIV-related information in the protected
individual's record; and
(2) within
10 days of the date of disclosure, when disclosure is oral, or simultaneous,
when disclosure is written, give a written statement to the person to whom the
confidential HIV-related information is disclosed which states:
This information has been disclosed to you from
confidential records which are protected by State law. State law prohibits you
from making any further disclosure of this information without the specific
written consent of the person to whom it pertains, or as otherwise permitted by
law. Any unauthorized further disclosure in violation of State law may result
in a fine or jail sentence or both. A general authorization for the release of
medical or other information is not sufficient authorization for further
disclosure.
(k)
Notwithstanding the requirements of this section, an operator of a shelter for
adults, small-capacity shelter or shelter for adult families or an employee or
volunteer of such a facility is obligated to release confidential HIV-related
information to authorized employees or agents of the office or a social
services district when such information is reasonably necessary to supervise,
monitor, or administer the facility and such employee or agent of the office or
a social services district would, in the ordinary course of business have
access to such records. Authorized employees and agents of the office or a
social services district may obtain confidential HIV-related information under
this subdivision even though the facility does not obtain the release specified
in subdivision (h) of this section. In addition, when information is released
under this section by a shelter for adults, small-capacity shelter or shelter
for adult families, the facility is not required to give the statement
specified in subdivision (j) of this section to the employees or agents of the
office nor is the facility required to indicate in any resident's record that
the information was released.