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94. Are there laws in New York State that protect the confidentiality of people with HIV and AIDS?

Yes. Public Health Law, Article 27-F is the section of New York State Public Health Law that protects the confidentiality and privacy of anyone who has:

been tested for HIV;

been exposed to HIV;

HIV infection or HIV/AIDS-related illness; or

been treated for HIV/AIDS-related illness.

In addition, the law requires that anyone who takes a voluntary HIV test must first sign a consent form. This means the person understands what the test means and agrees to take it. The law also requires that information about a person’s HIV status can only be disclosed (shared with others) if the person signs an HIV release form or if the form is signed by the person’s legally appointed guardian or health care proxy. The law applies to individuals and facilities that directly provide health or social services and to anyone who receives HIV-related information about a person pursuant to a properly executed HIV release form. Also, the law Health care workers who refuse to care for a person with HIV infection or AIDS may be fired or disciplined. Ongoing education is required for all health care workers to ensure that they understand the ways in which HIV is spread and follow recommended safety precautions.

New HIV/AIDS drug treatments have lowered the number of AIDS-related deaths in the United States.

If you are HIV positive and pregnant, there are medicines you can take that can greatly decrease the chances of your baby having HIV.