Slide Presentation from the AHRQ 2007 Annual Conference

New York State Laws: Consent

• Unlike HIPAA, New York law requires consent related to treatment, payment or health care operations
• General consent acceptable for most disclosures
  • State law permits one-time, broadly worded consent for routine disclosures among covered entities
  • Oral or implied consent is permissible; written consent provides a paper trail in the event of potential disputes
• General consent insufficient for
  • HIV/AIDS: Authorization must reference the nature of the information being disclosed, parties receiving the information and the purpose of the disclosure.
  • Mental Health: Limited disclosure rules for state-licensed facilities likely result in special consent requirements
  • Genetic Testing: Written consent required; must specifically reference fact that genetic testing results will be disclosed.