Please call the Provider line: 212 442-3388 for information.
Report a Diagnosis of HIV or AIDS
Reporting HIV or AIDS Diagnosis is Mandatory
In 1998 New York State expanded its existing AIDS case reporting laws (Public Health Law Article 21 Chapter 163) to include reporting of persons with HIV (non-AIDS) as well as AIDS to the state and to local health departments. The newly amended law took effect on June 1, 2000. The law also requires reports of names of sexual or needle-sharing partners known to the medical provider or whom the infected person wishes to notify.
A state reporting form, the Medical Provider Report Form (PRF) or DOM-4189 revised 03/09 must be completed for all persons within 21 days of the following diagnoses:
- Acute HIV Infection.
- Initial/new HIV diagnosis:
First report of HIV antibody positive test results, including persons diagnosed with HIV-2.
- Previously diagnosed HIV infection (non-AIDS):
Infection previously diagnosed (including repeat/confirmatory test) but patient has not met criteria for AIDS (applies to a medical provider who is seeing the patient for the first time).
- Initial/new diagnosis of AIDS:
Including <200 CD4 cells/µ or one of the 28 opportunistic infections or and conditions.
- Previously diagnosed AIDS:
This applies to a medical provider who is seeing the patient for the first time.
Why Report Diagnoses of HIV and AIDS?
- It's the law!
Article 21 (Title 3, Section 2130) requires health care providers to report HIV-related events on the Medical Provider Report Form (PRF).
- Allows for monitoring of HIV and AIDS in New York City, including:
- Where HIV is spreading.
- Identifying the number and characteristics of people infected and in need of medical and other services.
- Knowledge of epidemic trends over time.
- Directs prevention efforts to populations at risk of infection.
- Assists in allocating resources for caring and treatment for people living with HIV/AIDS.
- It is the right thing to do!
Who must report?
- All diagnostic and clinical providers (physicians, physician assistants, nurse practitioners, nurses, midwives) are required to report cases that meet the criteria outlined above.
- Laboratories performing diagnostic tests are required to report all positive HIV antibody tests (e.g., Western Blot, Immunofluorescence Assay, Multispot), as well as all viral loads, CD4 counts, and genetic resistance profiles to the New York State Department of Health. The NYC Department of Health and Mental Hygiene HIV Epidemiology and Field Service Program (HEFSP) is authorized to investigate reports for persons reported from New York City to confirm the fact and date of diagnosis or laboratory test.
(Note: Since laboratory reports do not include demographic, partner/contact, risk factor and testing history information, medical providers are required to submit a Medical Provider Report Form(PRF) for all newly diagnosed cases, and are required to comply with medical record review by a representative of the Department of Health.)
How do providers report?
- Complete a New York State form, Medical Provider HIV/AIDS and Partner/Contact Report Form (PRF) [DOH-4189 revised 3/09].
Forms are available from New York State Department Health. Please call 518.474.4284 for copies of the forms. You can view or download the instructions for completing the PRF form here.
- Submit the forms of all reportable cases to the New York City Department of Health and Mental Hygiene, HIV Epidemiology and Field Services Program (HEFSP) by calling 212.442.3388 to arrange for pickup. A field representative from the HEFSP will pick up the completed PRF form(s) from your designee at regular or agreed upon intervals. In order to protect patient confidentiality, faxing or mailing of reports is not permitted.
Please allow our field representative to review the form in your facility and provide him/her with any missing information. Please also allow our staff to review medical charts to complete the reports.
- All positive HIV tests in New York State must be reported regardless of whether the patient returns for his/her test result. There is a space in the PRF form (section 1.f.) to indicate whether the patient has been informed of his/her HIV test result.
- Providers who are reporting for the first time: Please call 212.442.3388 to arrange for a meeting with our HEFSP field representative. Our staff will review with you the reporting protocol that meets the requirements of the New York State HIV Reporting Law.
What about HIPAA, privacy and confidentiality, and reporting of HIV/AIDS to public health authorities?
Under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, public health authorities are authorized to collect and receive private health information "for the purpose of preventing or controlling disease" and in the "conduct of public health surveillance…" without patient or provider consent or any authorization other than state or local public health law. This clause authorizes providers to report HIV/AIDS cases to the HIV Epidemiology Program without obtaining patient consent.
Any other disclosure of HIV-related information must be made on a "HIPAA- Compliant Authorization for Release of Medical Information and Confidential HIV-Related Information." State law prohibits any further disclosure of HIV-related private health information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure that violates state law may result in a fine or jail sentence or both.
To review relevant sections from the Centers for Disease Control, MMWR, "HIPAA Privacy Rule and Public Health": 52(S-1), 1-12, May 2, 2003 click here.
To obtain a copy of the new "HIPAA-Compliant Authorization for Release of Medical Information and Confidential HIV-Related Information" click here.
How does the HIV Epidemiology Program protect patient confidentiality?
The highest priority of the HIV Epidemiology Program is to maintain the confidentiality of all persons reported with HIV/AIDS, including their names and other identifying information. We protect this information by adhering to the provisions of the New York State Public Health Law, the New York City Health Code, HIPAA and other federal legislation, and the HIV Epidemiology Program Confidentiality and Data Security Protocol.
For more information about state and city confidentiality protocols click on HIV Reporting and Partner Notification Questions and Answers, "Protecting Confidentiality and Use of Data"
For further information about state regulations regarding release of HIV-related information. click on
Frequently Asked Questions regarding the HIV Testing Law, "Disclosure of HIV-related Information".
New York State Public Health Law Article 21 (Chapter 163 of the Laws of 1998) requires that providers discuss with HIV-infected individuals their options for informing sexual and needle-sharing partners that they may have exposed to HIV. The Contact Notification Assistance Program (CNAP) of the New York City Department of Health and Mental Hygiene provides assistance to HIV-positive individuals and to providers who would like help notifying partners.
As of mid-2013, NYC Department of Health and Mental Hygiene began facilitating partner services for all persons newly diagnosed with HIV in New York City and early testing for reported partners.
Please call CNAP at 212.693.1419 or call 311 and ask for CNAP
Providers' Responsibilities for Partner Notification
- Talk with HIV-infected individuals (at the time of diagnosis and then yearly thereafter) about the option for informing sexual and needle-sharing partners that they may have been exposed to HIV.
- Report all known sexual and needle-sharing partners known to the provider, including spouses, and the names of any partners the patient wishes to have notified, to local health department.
Note: Partner notification is voluntary. The provider is not obligated to conduct the notification. However, once a partner name is given (or if there is a known partner such as a spouse), the provider is obligated to report the partner to the health department.
- Key partner information will be requested when reporting a partner, if available:
- First and last name.
- Date of birth.
- Phone number, email address, or other additional contact information.
- Results of domestic violence screening. Partner notification cannot proceed without the completion of the domestic violence screening.
How to Report Partners to the Health Department
- Call the Contact Nonfiction and Assistance Program (CNAP): 212.693.1419.
- Complete the PRF form section III or a continuation form.
- Inform all newly HIV diagnosed patients that they may be contacted by the NYC DOHMH to further discuss partner notification.
Available Options for Partner Notification
- Anonymous - someone from NYC DOHMH notifies the reported partner of his/her possible exposure to HIV.
- Provider/NYC DOHMH notification - the provider or the health department staff is present with the index patient in order to facilitate the notification of the partner of possible exposure to HIV.
- Patient notification - the index patient notifies partners on his/her own. This should occur after discussing a notification plan and strategy with either the provider or the health department. All reported patient notifications are verified by the health department staff to ensure that the reported partner was indeed notified of his/her possible exposure.
Resources for Partner Services
- Important phone numbers:
- Surveillance Provider line: 212.442.3388 for questions regarding reporting.
- Call CNAP at 212.693.1419 for questions regarding partner services.
- To Schedule PRF training, call the Surveillance Provider line.
- Call CNAP for legal obligation of NYC providers.
- To obtain CNAP materials or brochures, please call CNAP.
For more information please call 311 or e-mail HIVreport@health.nyc.gov.
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