N.Y. Public Health Law § 2306: Sexually transmitted diseases; reports and information, confidential

§ 2306. Sexually transmitted diseases; reports and information,

confidential. All reports or information secured by a board of health or

health officer under the provisions of this article shall be

confidential except in so far as is necessary to carry out the purposes

of this article. Such report or information may be disclosed by court

order in a criminal proceeding in which it is otherwise admissible or in

a proceeding pursuant to article ten of the family court act in which it

is otherwise admissible, to the prosecution and to the defense, or in a

proceeding pursuant to article ten of the family court act in which it

is otherwise admissible, to the petitioner, respondent and attorney for

the child, provided that the subject of the report or information has

waived the confidentiality provided for by this section except insofar

as is necessary to carry out the purposes of this article. Information

may be disclosed to third party reimbursers or their agents to the

extent necessary to reimburse health care providers for health services;

provided that, when necessary, an otherwise appropriate authorization

for such disclosure has been secured by the provider. A person waives

the confidentiality provided for by this section if such person

voluntarily discloses or consents to disclosure of such report or

information or a portion thereof. If such person lacks the capacity to

consent to such a waiver, his or her parent, guardian or attorney may so

consent. An order directing disclosure pursuant to this section shall

specify that no report or information shall be disclosed pursuant to

such order which identifies or relates to any person other than the

subject of the report or information. Reports and information may be

used in the aggregate in programs approved by the commissioner for the

improvement of the quality of medical care provided to persons with

sexually transmitted diseases; or with patient identifiers when used

within the state or local health department by public health disease

programs to assess co-morbidity or completeness of reporting and to

direct program needs, in which case patient identifiers shall not be

disclosed outside the state or local health department except as

otherwise provided for in this section.