2013 New York Consolidated Laws
ISC - Insurance
Article 3 - (301 - 341) ADMINISTRATIVE AND PROCEDURAL PROVISIONS
321 - Medical information exchange centers.

 
    §   321.  Medical  information  exchange  centers.  (a)  Whenever  any
  insurance company (which is a member of a medical  information  exchange
  center  or  which otherwise may transmit medical information in whatever
  manner to any other similar facility including but  not  limited  to  an
  electronic  data  facility  used  by  two or more insurance companies to
  determine or aid in determining the insurability of applicants) requests
  medical information from any applicant for personal insurance, it  shall
  not  transmit,  nor  be  considered  to  have  obtained  the applicant's
  informed consent to transmit,  the  information  to  any  such  facility
  unless   such   company  furnishes  such  applicant  with  a  clear  and
  conspicuous notice disclosing:
    (1) a description of such facility and its operations,  including  its
  name,  address and telephone number where it may be contacted to request
  disclosure of any medical information transmitted to it;
    (2) the circumstances under  which  such  facility  may  release  such
  medical information to other persons; and
    (3)  such  applicant's  rights  to  request  such  facility to arrange
  disclosure of the nature and substance of any information in  its  files
  pertaining  to  him,  and  to  seek  correction  of  any inaccuracies or
  incompleteness of such information.
    (b) Such notice shall be given to all applicants when any  application
  for personal insurance is completed.
    (c)  No such facility shall release, transmit or otherwise communicate
  any medical information it may have to  any  other  person  unless  such
  other person shall have in its possession a written instrument signed by
  the  person who is the subject of medical information (or by a parent or
  guardian if such subject is a minor) specifically naming  such  facility
  and  authorizing  such  other  person to obtain such medical information
  from such facility.
    (d) No such facility shall maintain information about HIV related test
  results pertaining to  any  individual  unless  such  test  results  are
  included  within a general code, which code is not designated solely for
  HIV related test results, and concerning which code no  member  of  such
  facility  may request from such facility details sufficient to determine
  whether the code was used to maintain information about HIV related test
  results.
    For purposes of this subsection,  an  "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.