2019 New York Laws
ISC - Insurance
Article 3 - 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.