Confidentiality
All client records, regardless of program, are protected by the Federal Regulations (42 C.F.R. Part 2) pertaining to Substance Abuse Services and are also protected by HIPAA. These Federal regulations prohibit the release of information, including even the knowledge of a client, without the valid informed consent to release information signed by the client, or in the case of a minor unable to provide informed consent, the written authorization of a legal guardian. It is a Federal crime to release information without a valid release of information except in cases of Medical Emergency, in response to a valid Court Ordered Subpoena or in cases of crimes against agency personnel or property. In these exceptional cases, the decision to release information shall be made following consultation with the immediate supervisor, Project Director and the Executive Director. It may be necessary to consult with our Board Attorney or other legal counsel before the decision to release information can be made.
All client records, regardless of program, are further protected under New York State Public Health Law (Section 27A) Regarding HIV and Aids Services. Release of information regarding HIV and Aids must be made in accordance with these regulations and accompanied by a specific and valid release form except as otherwise required or allowed by Law.