Section 2780. Definitions

As used in this article, the following terms
  shall have the following meanings:
    1. "AIDS" means acquired immune deficiency syndrome, as may be defined
  from time to time by the centers  for  disease  control  of  the  United
  States public health service.
    2.  "HIV  infection"  means  infection with the human immunodeficiency
  virus or any other related virus  identified  as  a  probable  causative
  agent of AIDS.
    3. "HIV related illness" means any illness that may result from or may
  be associated with HIV infection.
    4. "HIV related test" means any laboratory test or series of tests for
  any  virus,  antibody,  antigen or etiologic agent whatsoever thought to
  cause or to indicate the presence of AIDS.
    5. "Capacity to consent" means  an  individual's  ability,  determined
  without regard to the individual's age, to understand and appreciate the
  nature and consequences of a proposed health care service, treatment, or
  procedure,  or  of  a  proposed  disclosure  of confidential HIV related
  information, as the case may  be,  and  to  make  an  informed  decision
  concerning the service, treatment, procedure or disclosure.
    6.  "Protected individual" means a person who is the subject of an HIV
  related test or who has been diagnosed as having HIV infection, AIDS  or
  HIV related illness.
    7.  "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.
    8. "Health or social  service"  means  any  public  or  private  care,
  treatment,  clinical  laboratory test, counseling or educational service
  for adults or children,  and  acute,  chronic,  custodial,  residential,
  outpatient,  home or other health care provided pursuant to this chapter
  or the social services law; public assistance  or  care  as  defined  in
  article  one  of  the  social services law; employment-related services,
  housing services, foster care, shelter, protective services,  day  care,
  or  preventive  services  provided  pursuant to the social services law;
  services for the mentally disabled as defined  in  article  one  of  the
  mental  hygiene  law;  probation services, provided pursuant to articles
  twelve and twelve-A of the  executive  law;  parole  services,  provided
  pursuant   to  article  twelve-B  of  the  executive  law;  correctional
  services,  provided  pursuant  to  the  correction  law;  detention  and
  rehabilitative  services  provided pursuant to article nineteen-G of the
  executive law; and the activities of  the  health  care  worker  HIV/HBV
  advisory panel pursuant to article twenty-seven-DD of this chapter.
    9.  "Release  of confidential HIV related information" means a written
  authorization for disclosure of  confidential  HIV  related  information
  which  is  signed  by  the  protected  individual,  or  if the protected
  individual lacks capacity to consent, a person  authorized  pursuant  to
  law  to consent to health care for the individual. Such release shall be
  dated and shall specify to whom disclosure is  authorized,  the  purpose
  for  such  disclosure and the time period during which the release is to
  be effective. A general authorization for  the  release  of  medical  or
  other  information  shall  not be construed as a release of confidential
  HIV  related  information,  unless   such   authorization   specifically
  indicates   its   dual   purpose  as  a  general  authorization  and  an

  authorization for the release of confidential  HIV  related  information
  and complies with the requirements of this subdivision.
    10.  "Contact"  means  an  identified  spouse  or  sex  partner of the
  protected individual, a person identified as  having  shared  hypodermic
  needles  or  syringes  with the protected individual or a person who the
  protected individual may have exposed to HIV  under  circumstances  that
  present   a   risk   of  transmission  of  HIV,  as  determined  by  the
  commissioner.
    11. "Person" includes any natural  person,  partnership,  association,
  joint  venture,  trust, public or private corporation, or state or local
  government agency.
    12. "Health facility" means a  hospital  as  defined  in  section  two
  thousand  eight  hundred  one of this chapter, blood bank, blood center,
  sperm bank, organ or  tissue  bank,  clinical  laboratory,  or  facility
  providing  care  or  treatment  to  persons  with a mental disability as
  defined in article one of the mental hygiene law.
    13. "Health care provider" means any  physician,  nurse,  provider  of
  services  for  the  mentally  disabled  as defined in article one of the
  mental hygiene law, or  other  person  involved  in  providing  medical,
  nursing,  counseling,  or  other  health  care or mental health service,
  including  those  associated  with,  or  under  contract  to,  a  health
  maintenance organization or medical services plan.
    14.  "Child"  means  any  protected  individual actually or apparently
  under eighteen years of age.
    15. "Authorized agency" means any  agency  defined  by  section  three
  hundred  seventy-one of the social services law and, for the purposes of
  this article, shall include such corporations incorporated or  organized
  under  the  laws of the state as may be specifically authorized by their
  certificates of incorporation to receive children for  the  purposes  of
  adoption or foster care.
    16.   "Insurance  institution"  means  any  corporation,  association,
  partnership,  reciprocal  exchange,  interinsurer,  fraternal   benefits
  society,  agent,  broker  or other entity including, but not limited to,
  any health maintenance organization, medical service plan,  or  hospital
  plan  which:  (a)  is engaged in the business of insurance; (b) provides
  health  services  coverage  plans;  or  (c)  provides  benefits   under,
  administers,  or provides services for, an employee welfare benefit plan
  as defined in 29 U.S.C. 1002(1).
    17. "Insurance support organization" means any  person  who  regularly
  engages,  in  whole  or  in  part,  in  the  practice  of  assembling or
  collecting information about natural persons for the primary purpose  of
  providing  the  information  to  an  insurance institution for insurance
  transactions, including: (a)  the  furnishing  of  consumer  reports  or
  investigative  consumer reports to an insurance instititution for use in
  connection with an insurance  transaction;  or  (b)  the  collection  of
  personal  information  from  insurance  institutions  or other insurance
  support organizations for the purpose of detecting or preventing  fraud,
  material  misrepresentation,  or  material  non-disclosure in connection
  with insurance underwriting or insurance claim activity.  The  following
  persons  shall  not  be considered "insurance-support organizations" for
  the  purposes  of  this  article:  government  institutions,   insurance
  institutions, health facilities and health care providers.