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Slide Presentation from the AHRQ 2007 Annual Conference

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New York State Laws: Consent

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  • Unlike HIPAA, New York law requires consent related to treatment, payment or health care operations
  • General consent acceptable for most disclosures
    • State law permits one-time, broadly worded consent for routine disclosures among covered entities
    • Oral or implied consent is permissible; written consent provides a paper trail in the event of potential disputes
  • General consent insufficient for
    • HIV/AIDS: Authorization must reference the nature of the information being disclosed, parties receiving the information and the purpose of the disclosure.
    • Mental Health: Limited disclosure rules for state-licensed facilities likely result in special consent requirements
    • Genetic Testing: Written consent required; must specifically reference fact that genetic testing results will be disclosed.

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