HIV Testing
New York State Public Health Law (PHL) related to HIV testing has evolved over the years to keep pace with changes in the epidemic and clinical practice. Key provisions were enacted in 2010, 2014, 2015 and 2016 and comprehensive updated HIV/AIDS Testing, Reporting and Confidentiality of HIV-Related Information regulations were finalized and published in the New York State Register on May 17, 2017.
The following changes were adopted and posted in the New York State Register on March 22, 2023 :
- Reducing the timeframe for reporting of new HIV diagnoses from 14 days to 7 days;
- Requiring the reporting of every case of acute HIV within 24 hours of diagnosis;
- Requiring the reporting of the results of HIV testing done for purposes of insurance underwriting decisions by the clinician under whose medical license the HIV-testing was ordered.
The links below represent the current regulatory landscape for HIV testing, reporting, linkage to care and confidentiality of HIV information in New York State.
- Beyond Status HIV Testing Site
- Public Health Law
- HIV Testing, Reporting and Confidentiality in New York State 2024 Update: Fact Sheet & Frequently Asked Questions (PDF)
- HIV Testing - Indications and Schedule for Routine Screening (PDF)
- Occupational Exposure and HIV Testing (PDF)
- HIV Testing Algorithm
- Court-Ordered HIV Testing of Defendants
- Providers
- Guidelines and Training for Providers
- Rapid HIV Testing
- Perinatal HIV Prevention & Newborn Screening
- Other Testing Resources & Information
Public Health Law 2017 Amendments
- Notice of Adoption (PDF)
- Updated Part 63 (PDF)
HIV Testing Algorithm
- 2024 Guidelines for use of the HIV Diagnostic Testing Algorithm for Laboratories (PDF)
- HIV Diagnostic Algorithm Laboratory Testing Electronic Toolkit
- Webcast: "Recommended HIV Diagnostic Algorithm: Practical Information for Laboratories"
- Guidance for Reporting Results of HIV-related Donor Testing to the New York State Department of Health (PDF)
Providers
- Dear Colleague Letter: 2024 HIV Testing Law Amendment (PDF)
- HIV Provider Directory
- Designated AIDS Center Clinic Contact List (PDF)
- Out of State Providers
- The American Academy of HIV Medicine Directory of HIV/AIDS Specialists
- The AAHIVM, in collaboration with CDC, has developed a new online Referral Link directory listing of individual clinicians who specialize in HIV/AIDS care. The goal is to give general practitioners a handy tool to deliver care to any of their patients who test HIV positive, be it a consult with a nearby HIV/AIDS specialist or a referral to speciality care if needed. Through Referral Link, a general practitioner can provide a quality referral by matching an HIV care provider to their newly-diagnosed patient's specific situation, taking into account the patient's location, financial situation, and medical needs. AAHIVM's Referral Link lists all Academy Members, credentialed providers, and other HIV practitioners. Qualified HIV practitioners are encouraged to add their profile to the Referral Link database, which is free and does not require membership in the Academy.
- The U.S. Department of Health and Human Services, Health Resources & Services Administration (HRSA) offers a directory of Ryan White HIV/AIDS Medical Care providers.
- The Ryan White HIV/AIDS Program can help people living with HIV/AIDS access the medical care they need but can't afford.
- Ryan White care includes medical care by doctors and clinics that know how to treat HIV/AIDS.
- Ryan White-funded medical care providers can refer you to dental care and other services like transportation as well as provide access to HIV medications.
- Ryan White provides HIV care to those without insurance. It may be able to fill gaps in care not covered by your insurance or other programs like Medicaid and Medicare. What you pay depends on whether you have your own health insurance and how much income and resources you have.
- The Ryan White HIV/AIDS Program can help people living with HIV/AIDS access the medical care they need but can't afford.
- The American Academy of HIV Medicine Directory of HIV/AIDS Specialists
Guidelines and Training for Providers
- Dear Colleague Letter: Sequester Non-Finalized HIV Results (September 2024) (PDF)
- HIV Testing Clinician's Toolkit (PDF)
- HIV Testing, Reporting and Confidentiality in New York State 2023 Update: Fact Sheet & Frequently Asked Questions (PDF)
Rapid HIV Testing
- Developing Protocols for Limited Service Laboratories Seeking to Offer Rapid HIV Testing in New York State
- Rapid HIV Testing Workbook and Implementation Guidelines for Limited Testing Sites in New York State
- Rapid HIV Testing Guidance for Licensed Article 28 Facilities
- Guidance for Non-Clinical Providers
Perinatal HIV Prevention & Newborn Screening
- September 2018 Updated Recommendations: Treatment for Women Living with HIV During the Intrapartum Period and Newborn ARV Prophylaxis & HIV Testing of Children Under 2 Years of Age (PDF)
- Maternal-Pediatric HIV Prevention & Care Program Test History & Assessment (DOH-4068) (PDF)
- NYS Strategic Plan for Elimination of Mother-to-Child Transmission of HIV
- Situations Where Breastfeeding is Contraindicated or Not Advisable
- Health Alert: Steps to Further Reduce Mother-To-Child HIV Transmission in NYS (2007)
- Important News For New Mothers About Your Baby's HIV Test, September 2017
Resources
- HIV Testing, Reporting and Confidentiality in New York State 2023 Update: Fact Sheet & Frequently Asked Questions (PDF)
- HIV Testing Clinician's Toolkit (PDF)
- Key Points of Information to be Provided Before an HIV Test
- Partner Services
- Standing Orders
- Reimbursement for HIV Counseling and Testing