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New HIV Testing Regulations Webinar with the DOH - Recording

May 30, 2012

2:00 - 3:30 p.m.

HANYS will hold a Webconference on Wednesday, May 30 with officials with the Department of Health (DOH) to review new HIV testing regulations.

Regulations to implement significant changes to HIV testing requirements in New York have been adopted and are available on HANYS’ Website.  The regulations provide additional guidance to providers in implementing the law that went into effect in September 2010, which requires HIV testing be offered to all patients between the ages of 13 and 64 receiving hospital or primary care services, with limited exceptions, such as life-threatening emergency situations.

If not already completed, hospitals and clinics should be updating their policies to comply with the law, which was enacted to bring New York into better alignment with Centers for Disease Control and Prevention guidelines. The goal is to promote more timely treatment for HIV-positive New Yorkers who may not yet know they are infected.  During the drafting of the regulations, HANYS worked with DOH to include as much flexibility as possible in carrying out the intent of the statute.

Since the law became effective in 2010, DOH has created materialsto help providers implement the law, including model consent formsand Question-and-Answer documents. 

Key provisions of the HIV testing law include:

  • HIV testing must be offered to all persons between the ages of 13 and 64 receiving hospital outpatient, Emergency Department, or primary care services, with limited exceptions (including life-threatening emergency situations or where there is documentation that the patient was previously offered or given an HIV test and a new test is not otherwise indicated);
  • Standardized model consent forms are available on the DOH website; these forms may be used to make the offer of an HIV test and include the seven points of information that must be provided to patients prior to testing;
  • Consent for rapid HIV testing can be oral and noted in the medical record, except within correctional facilities (it is not legal under Corrections Law to provide HIV tests with oral consent);
  • Health care and other HIV test providers authorizing HIV testing must arrange an appointment for medical care for persons confirmed positive;
  • HIV test requisition forms submitted to laboratories will be simplified; and
  • Deceased, comatose, or persons otherwise incapable of providing consent, and who are the source of an occupational exposure, may now be tested for HIV in certain circumstances without consent.

Members with specific questions or concerns they would like addressed during the May 30 program may send their comments in advance to Karen Roach, Senior Director, Regulatory Affairs and Rural Health, at


Who should attend

The following roles and individuals are invited to attend:

All Hospitals and Health Systems   

Chief Operating Officers

Chief Medical Officers

Chief Nursing Officers

Quality Management Executives



Lyn Stevens, NP, MS
Deputy Director
Office of the Medical Director
AIDS Institute
New York State Department of Health

Dan O'Connell
Deputy Director for HIV, STD, Hepatitis C
Prevention and Epidemiology
AIDS Institute
New York State Department of Health

Johanne Morne, MS
Director, Office of Planning & Policy
AIDS Institute
New York State Department of Health

John J. Schnurr
Managed Care and HIV Reimbursement Specialist
Office of Medicaid Policy and Programs
New York State Department of Health, AIDS Institute

Continuing eduction credits

There are no continuing education credits being offered with this program.


The registration deadline is May 24.  If you have questions regarding registration, please contact Christopher Guyon at or at (518) 431-7834.

Program materials

Login instructions and program handouts will be e-mailed to registrants two business days prior to the Webconference.

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