N.Y. Public Health Law § 2785: Court authorization for disclosure of confidential HIV related information

§ 2785. Court authorization for disclosure of confidential HIV related

information. 1. Notwithstanding any other provision of law, no court

shall issue an order for the disclosure of confidential HIV related

information, except a court of record of competent jurisdiction in

accordance with the provisions of this section.

2. A court may grant an order for disclosure of confidential HIV

related information upon an application showing: (a) a compelling need

for disclosure of the information for the adjudication of a criminal or

civil proceeding; (b) a clear and imminent danger to an individual whose

life or health may unknowingly be at significant risk as a result of

contact with the individual to whom the information pertains; (c) upon

application of a state, county or local health officer, a clear and

imminent danger to the public health; or (d) that the applicant is

lawfully entitled to the disclosure and the disclosure is consistent

with the provisions of this article.

3. Upon receiving an application for an order authorizing disclosure

pursuant to this section, the court shall enter an order directing that

all pleadings, papers, affidavits, judgments, orders of the court,

briefs and memoranda of law which are part of the application or the

decision thereon, be sealed and not made available to any person, except

to the extent necessary to conduct any proceedings in connection with

the determination of whether to grant or deny the application, including

any appeal. Such an order shall further direct that all subsequent

proceedings in connection with the application shall be conducted in

camera, and, where appropriate to prevent the unauthorized disclosure of

confidential HIV related information, that any pleadings, papers,

affidavits, judgments, orders of the court, briefs and memoranda of law

which are part of the application or the decision thereon not state the

name of the individual concerning whom confidential HIV related

information is sought.

4. (a) The individual concerning whom confidential HIV related

information is sought and any person holding records concerning

confidential HIV related information from whom disclosure is sought

shall be given adequate notice of such application in a manner which

will not disclose to any other person the identity of the individual,

and shall be afforded an opportunity to file a written response to the

application, or to appear in person for the limited purpose of providing

evidence on the statutory criteria for the issuance of an order pursuant

to this section.

(b) The court may grant an order without such notice and opportunity

to be heard, where an ex parte application by a public health officer

shows that a clear and imminent danger to an individual whose life or

health may unknowingly be at risk requires an immediate order.

(c) Service of a subpoena shall not be subject to this subdivision.

5. In assessing compelling need and clear and imminent danger, the

court shall provide written findings of fact, including scientific or

medical findings, citing specific evidence in the record which supports

each finding, and shall weigh the need for disclosure against the

privacy interest of the protected individual and the public interest

which may be disserved by disclosure which deters future testing or

treatment or which may lead to discrimination.

6. An order authorizing disclosure of confidential HIV related

information shall:

(a) limit disclosure to that information which is necessary to fulfill

the purpose for which the order is granted; and

(b) limit disclosure to those persons whose need for the information

is the basis for the order, and specifically prohibit redisclosure by

such persons to any other persons, whether or not they are parties to

the action; and

(c) to the extent possible consistent with this section, conform to

the provisions of this article; and

(d) include such other measures as the court deems necessary to limit

any disclosures not authorized by its order.