Welcome to the AIDS Association. This manual is provided to all of our employees. Its purpose is to explain our personnel policies and procedures, and to provide you with information you will need in your work here. We encourage you to continue to use it as a reference tool during your employment here.

Successful organizations depend on strong communication systems. This is especially challenging in the field of HIV and AIDS because the information changes frequently. Our work here is strongly rooted in open, honest, proactive communication. We expect that any employee who has a question, concern or problem will make it known to his/her supervisor. At the same time, we work hard to communicate our expectations and decisions clearly and quickly to staff.

We are committed to our Quality Assurance Program and expect all employees to take an active part in committees and department activities that support the program.

We are committed to fostering a healthy, safe and productive work environment that acknowledges and supports creativity and diversity. We encourage you to share your ideas and actively participate in the organization as we strive to accomplish our mission.

Thank you for joining our organization and being a part of our team!

The Management Team

II. History & Structure

In 1983, the New York State Legislature established the AIDS Institute as a part of the State Health Department with primary responsibility for initiating and coordinating the State's response to the epidemic. An essential part of this response was the establishment of Community Service Programs (CSP's) in each health region of the state. The CSP's were initially funded to train volunteers to staff AIDS Hotlines, and to develop supportive services for individuals and families affected by HIV/AIDS. Over the years, the mission of the CSP's has grown to include case management, counseling, support groups, nutrition, housing, legal services, education, prevention, policy development and advocacy.

In Western New York, Dr. Ross Hewitt, a resident in Infectious Diseases at Millard Fillmore Hospital, founded the Buffalo AIDS Task Force (BATF) as its CSP at the Gay & Lesbian Community Center on West Delevan Avenue. The BATF was renamed some years later as the Western New York AIDS Program and now is known as AIDS Community Services of Western New York (ACS). In that same year a national study indicated that heterosexual contacts can spread AIDS and the epidemic is no longer considered a gay phenomenon. In 1984 the first documented AIDS death in Western New York reported in The Buffalo News.

In 1985 HTLV-III (now known as HIV) is identified as virus causing the symptoms diagnosed as AIDS. An antibody test is marketed and becomes available through an anonymous testing program of New York State Health Department. That same year Ryan White, a young hemophiliac living in the Midwest, is barred from his grammar school after disclosing that he has AIDS and Rock Hudson dies.

In 1986 BATF changes name to Western New York AIDS Program to reflect service area of 8 WNY counties, the agency moves to 1,000-sq. ft. space in the Jackson Building, 220 Delaware Avenue, and the drug AZT becomes available.

In 1989 Ron Silverio, former Board President, becomes Executive Director. In 1990 the agency changes its name to AIDS Community Services of Western New York, Inc. (ACS). In 1991 The Community Follow Up (COBRA Case Management) Program begins and triples ACS’ service staff; ACS opens an office in Jamestown and moves its central office to 8,000 sq. feet of space at 121 West Tupper Street to accommodate its growing staff and services. This is also the year that Magic Johnson discloses HIV status bringing major national media attention to AIDS.

In 1996 a new treatment, Protease Inhibitors, (commonly called “the cocktail”) is introduced which dramatically changes health and life expectancy of many HIV+ people. In light of this significant medical breakthrough and again to accommodate its continued growth the AIDS Association and affiliates including ACS, move into 20,000 sq. feet of space in the Roanoke Building in June 1996 and receives its Article 28 primary care license. Evergreen Health Services, our primary care center, opens for business on November 13, 1996. ACS is the first community based provider of HIV/AIDS services to open a medical practice in NYS.

The Urban Services Center, ACS’ first service site located on the East Side of Buffalo, held its Open House on September 6, 2002. Also that year ACS” Foundation, the Evergreen Foundation purchased the 1850’s Victorian at 200 South Elmwood for $28,000 to ensure a long term presence in the Lower West Side, primarily Hispanic community. In 2004 ACS opens Niagara Community Services in Niagara Falls, NY and Alianza Latina is formed as sister corporation to ACS serving the Hispanic/Latino community. This is the same year that ACS becomes the first in the region to offer OraQuick 20 minute rapid testing. The numbers of individuals being tested increases exponentially.

In 2005 The AIDS Alliance (a division of AIDS Family Services) moves its drop in center and Congregate Meal Program move to the ACS Buffalo office. ACS’ Registered Dietician moderates the program daily and ACS funds peer staff members and all meals. In July of 2006, ACS purchased its first apartment building, the Watkins Building at 170 West Chippewa just behind our central office.

In 2007 ACS assumes ownership of and responsibility for two programs that had been operating on-site in ACS central offices. Kaleida Health’s Project Reach Syringe Exchange Program, and AIDS Family Services/AIDS Alliance’s Congregate Dining Program.

1.0 HIRING

1.1 Declaration of Policy

The Corporation recognizes that good personnel administration is founded on a set of principles designed to insure the dignity and rights of all staff members.

Non-Discrimination

The Corporation is an equal opportunity employer. It does not discriminate in hiring or promoting on the basis of race, religion, gender, age, sexual orientation, gender expression, HIV status, marital status, handicap or national origin.

Client Employment

This includes clients of ACS programs who may choose to apply for available positions with ACS as employees and ACS employees who may become clients. All applicants will be considered based on individual qualifications and applicability to the job sought.

In the event the most qualified applicant is also a client receiving services, the job offer may be conditioned on a requirement to transfer to an alternate service provider to avoid any potential conflict of interest or potential issues around confidentiality. In the event an employee becomes eligible for and requests client services, any potential conflict of interest or issues around confidentiality will be addressed by the Vice President of Health & Supportive Services. Final decisions rest solely with the President/CEO following consultation with the Vice President of Health & Supportive Services and the hiring manager.

Immediately upon hire the client/employee’s file will be sealed and retained in Human Resources until such time as the individual is no longer employed and returns to client status with ACS.

Employment Opportunities

Human Resources will post notice of job opportunities on internal bulletin boards and by email. The Corporation adheres to a philosophy that encourages internal candidates to seek advancement within the organization. Anyone wishing to apply for an open position should indicate this to Human Resources by submitting a letter of interest and a current resume.

Employees may, if they wish, submit a statement of interest in being considered for an opening should one become available in the future. The statement should be in the form of a cover letter with a current resume attached. The letter should specify the job title or department in which the future opportunity is desired. Human Resources will maintain a list of employees having submitted such interest and will forward the employee’s resume when an appropriate opening becomes available. Positions will also be posted internally.

Employment at Will

EMPLOYMENT IS AT THE WILL OF THE EMPLOYER, AND EITHER THE EMPLOYER OR EMPLOYEE MAY AT ANY TIME TERMINATE THE EMPLOYMENT RELATIONSHIP, WITH OR WITHOUT CAUSE. Hiring and appointment to a position on the staff is not an implied contract or promise of permanent employment. All employees are subject to the policies of the Corporation and to the direction of their supervisor.

1.2 Salary and Wages

All non-management team staff positions are included in the Section 13 Compensation. Salaries for management team members are determined by the President/CEO.

1.3 Job Qualifications

Applicants will be considered on the basis of qualifications for the specific job, ability, experience and education that meet the requirements for that job. In addition, medical personnel will be qualified as applicable, by holding professional licensure and demonstrating evidence of current registration from the NYS Department of Education or the NYS Department of Health, and/or current registration or certification from the appropriate agency, association, council or board. The Agency has a tradition of promoting internal candidates when qualifications are equal to or better than external candidates.

1.4 Background Verification

Applicants are required to provide the Corporation with a release to conduct a criminal record verification. A criminal conviction may be the basis for withdrawal of an offer of employment.

Applicants for positions that require a valid driver’s license are required to provide a release to conduct a check of the individuals driving record. Decisions regarding the findings are made at the sole discretion of the division Vice President.

1.5 Health Assessment

1.5.1 All Employees

PPD test (Mantoux) for exposure to Tuberculosis (TB) will be provided free of charge to every new employee within the first two weeks of employment (if done at Evergreen Health Services) and annually thereafter. Results will be documented on the designated form. The Physician or Nurse Practitioner at Evergreen Health Services will determine follow-up for any positive results. Employees may prefer to be tested by their personal health care provider at their own expense. Employees who may have tested positive to a PPD test in the past will be required to have a chest x-ray to rule out the presence of any active disease. Documentation of test results will be submitted to the Human Resource Office for inclusion in the employee's health file.

Our clients represent a particularly at risk population. Positive PPD or inconclusive chest x-ray results may result in the employee not being permitted to return to work without further medical evaluation and permission of a physician.

Employees have an affirmative duty to disclose any health condition that may pose a threat to client/patients.

1.5.2 Employees Involved in Administering HIV Tests

All employees who administer HIV tests are required to provide proof of immunity to Hepatitis B within one month of employment or transfer to this assignment. Antibody titers can be drawn by Evergreen Health Services at no charge to the employee. If an employee has not been vaccinated against Hepatitis B, the series of 3 vaccines will be offered to the employee at no cost to him/her (vaccines administered at Evergreen Health Services). If the employee refuses vaccination, he/she MUST sign the Hepatitis B vaccination declination form.

1.5.3 Evergreen Health Services Employees

All new employees of AIDS Community Services of Western New York, Inc. assigned to Evergreen Health Services are required to have a physical exam PRIOR to employment to ensure that they are free from any health impairment which may present potential risk to patients/clients or which may interfere with the performance of his/her duties. The results of this exam will be documented on the Physical Exam Report. This report will be reviewed and initialed on the lower right corner of the last page by the Physician or Nurse Practitioner at Evergreen Health Services.

Proof of immunity to Rubeola (Measles), Mumps, Rubella (German Measles), Varicella (Chickenpox) and Hepatitis B are required within one month of employment. Antibody titers can be drawn by Evergreen Health Services at no charge to the employee.

If an employee has not been vaccinated against Hepatitis B, the series of 3 vaccines will be offered to the employee at no cost to him/her (vaccines administered at Evergreen Health Services). If the employee refuses vaccination, he/she MUST sign the Hepatitis B vaccination declination form.

Annually thereafter, all employees of Evergreen Health Services will complete an Annual Health Assessment Form. The form will be reviewed and initialed on the lower right corner by the Physician or Nurse Practitioner at Evergreen Health Services. An annual physical exam is not required unless the Physician or Nurse Practitioner feels there is a valid reason to request that one be done, in which case the employee will be asked to return to his/her personal health care provider for an exam and to submit a statement from the health care provider that the employee is physically able to work and is free from a condition which may pose a threat to patients/clients.

1.5.4 Employee Health Records

Human Resources will maintain all employee health records. Employees will be notified by Human Resources of the time annual assessments and PPD tests are due to be done. Employees failing to complete annual assessments or PPD testing within the designated time frame may be subject to disciplinary action as determined by the employee's supervisor in consultation with Human Resources.

1.5.5 Smallpox Vaccine

In the event any hospital or other health care provider determines that its staff must receive the smallpox vaccine in response to a real or threatened outbreak, ACS recognizes that the live vaccine could pose a threat to the health of clients and patients. If an employee or any member of the employee’s household is vaccinated, the employee must notify Human Resources and follow appropriate infection control procedures. Employees who become ill after receiving the vaccine and do not report for work, will be required to use Paid Time Off in accordance with established policies.

1.6 Initial Orientation

New employees will receive a copy of the Personnel Policies Manual during the Human Resources orientation program. A form indicating they have received, read and understood the policies will be signed, dated and filed in the employee's personnel file.

Employees are hired with the basic skills required to carry out their position responsibilities. Training pertaining to specific responsibilities will be provided during the new employee's orientation period and documented in their personnel file. To ensure that all staff receives similar information about services and mission of each of the Corporations, and their individual roles in making it work, the Corporation provides new employees with an orientation.

There will be performance reviews conducted at three (3), six (6) and twelve (12) months. Supervisors will develop a schedule of orientation and training for new employees. They will be given a checklist outlining these requirements. Upon completion of these activities, the checklist will become part of the employee’s personnel file.

Consistent attendance during the first three months of employment is critical as the new employee becomes familiar with all aspects of his or her job responsibilities. Therefore, time off during this time will be limited to scheduled Corporation holidays and those situations determined by the Division Vice President to be unexpected and uncontrollable. Employees who demonstrate attendance problems at any time, but especially during this very important time, place continued employment at risk.

An employee who is dismissed during the first three (3) months of employment is not entitled to compensation for any accrued time.

1.7 Promotions, Job Changes or Transfers

An employee is eligible to apply for promotion, job change or transfer outside the division in which he/she is currently employed following six months in his/her current position. Employees may be promoted or reassigned within a division at the discretion of the Division Vice President. All promotions/reassignments in the Corporation are made at the discretion of the President/CEO.

When a current employee takes a new position, his/her performance will be evaluated between three (3) and six (6) months at the discretion of the supervisor. All benefits continue and time off may be scheduled at the discretion of the supervisor.

When an employee has a new position in the Corporation the date of his/her seniority in the department will correspond with the original date of hire. If the employee is to receive a salary increase, the date of the next increase will occur in March or September following at least six months in the new position, subject to the recommendation of the employee’s supervisor and availability of funds. Time off benefits will continue to coincide with the employee's original date of hire.

1.8 Personnel Records

A permanent personnel record will be maintained for each employee. The employee is entitled to see his/her central personnel file except references from previous employers, unless otherwise specified in writing. Employees may make an appointment with Human Resources if they wish to review the file. All other records are strictly confidential including any application the employee may make for a promotion or transfer within the Corporation. The files are accessible only to Human Resources and the President/CEO or his/her designee. Files will be kept locked and supervised at all times.

1.9 Personnel Information Accuracy

It is the employee's responsibility to keep his/her personnel records up to date. Any changes in name, address, telephone number, marital status, withholding tax exemptions, beneficiaries and educational accomplishments should be communicated within ten (10) days to Human Resources.

1.10 Automobile Insurance and License

Any staff member whose position requires that they own a car must prove they have current New York State automobile insurance and a current New York State driver’s license. Proof of these requirements will be kept in the personnel files. It is the responsibility of the employee to bring copies of changes and/or updates (including renewals) in insurance or drivers license to the attention of his/her supervisor.

If an employee is involved in an automobile accident while on Corporation time, their insurance provides initial coverage for the accident. The Corporation is not responsible for the theft or damage of an employee’s automobile or its contents while parked at a work site parking lot or at any location while on Corporation business.

If an employee is involved in any of the above incidents, he/she must complete an Incident Report Form including a police report, if applicable, and report the incident immediately to his/her supervisor.

1.11 Types of Employment

A. Employees:

A regular full time employee is defined as one who is regularly scheduled to work forty (40) hours in a work week.

A regular part time employee is defined as one who is regularly scheduled to work at least 20 hours but less than forty (40) hours.

A casual employee is defined as one who is regularly scheduled to work less than 20 hours, or who is not regularly scheduled, but works on an as-needed basis.

A temporary employee is defined as one who is hired for a specific time period or assignment.

B. Independent Contractors/Consultants:

A Consultant is an individual who provides expert or professional advice. He/she generally serves in an advisory capacity and does not perform the same function as an employee. A Consultant usually performs under an agreement that treats him/her as an independent contractor.

1.12 Employment Status

The Corporation has position classifications that reflect a variety of duties and responsibility levels. Each position classification is designated as non-exempt and exempt in accordance with the provisions in the Fair Labor Standards Act (FLSA).

A. Exempt positions

Employee classifications that are excluded or not automatically entitled to overtime compensation under FLSA are exempt. Job titles that are of a bona fide executive, administrative, or professional, supervisory or managerial capacity are exempt positions provided that salary and duties tests are met as required by law. These positions do not typically receive overtime compensation.

B. Non-exempt positions

Employee classifications that are entitled to overtime compensation as stated in the FLSA are non-exempt.

1.13 Rehired Employees

Effective April 4, 2000, employees rehired to a position with the Corporation within one (1) year of separation, will have their original seniority date restored with an adjustment which will exclude the period of absence. The annual review date and time off benefits will correspond to the adjusted seniority date.

If rehired to the position held prior to separation, the rate of pay will be no less than the rate in effect at the time of separation. If rehired to a position of greater or lesser responsibility, the rate of pay will be determined by the Division Vice President.

The employee will have one-half (1/2) of all previously accrued but unused extended personal time off (EPTO) restored. The employee will be eligible to access EPTO immediately to the extent it is accrued. If rehired to the same position held prior to separation, the employee may access paid time off after one month. If rehired to a different position, the employee may access paid time off after three months.

The employee will be eligible to enroll in group health and dental insurance plans the first of the month following rehire.

2.0 EMPLOYEE BENEFITS

The Corporation provides benefits for all full time employees. Part time employees receive prorated benefits as explained in the following sections. Temporary or Casual employees are not entitled to benefits.

The Corporation offers a variety of optional benefit plans that employees may choose to participate in. These plans include long term disability insurance, life insurance, Section 125 flexible spending accounts and a retirement plan. Descriptions of these options are available from Human Resources. If the employee plans to take advantage of any of the Corporation’s family or partner benefits, it is his/her responsibility to identify those individuals on the Employee Information Form that is kept in each personnel file. It is each employee’s responsibility to keep this information current and notify of any changes or additions to their record.

2.1 Health & Dental Insurance

When an employee is hired, he/she has the option of enrolling in the Corporation's available health plans. Coverage will begin as designated in the plan chosen, according to the policies of that health insurance provider on the first of the month following completion of thirty (30) days of employment. If the employee chooses not to participate in a health insurance plan at the beginning of employment but later decides to join, he/she may enroll only during the month of open enrollment unless there has been a "qualifying event" necessitating a change in coverage. Enrollment of all eligible employees is a requirement of the dental plan provider. Employees may not waive coverage for themselves. If an employee declines coverage for dependents at the beginning of employment but later decides to enroll them, there may be restrictions to coverage imposed by the insurance company unless there has been a "qualifying event" necessitating a change in coverage. Information on "qualifying events" is available in Human Resources.

Employer contributions towards the cost of health and dental benefits are made available to employees based on the availability of funds as determined in the Corporation’s annual budget process.

Regular part time employees will receive prorated health and dental insurance benefits proportionate to their hours. Casual employees are not eligible to receive health or dental insurance benefits but may pay the cost of the plan if the number of hours worked corresponds to the health insurance company's regulations.

2.2 Consolidated Omnibus Budget Reconciliation Act (COBRA)

Under federal law, the Corporation must provide employees and their beneficiaries the option to purchase health care and/or dental coverage that will continue after the date their coverage would otherwise have terminated. Included in this group are employees whose coverage would otherwise be lost due to termination, reduction in hours, or eligibility for Medicare coverage. Also included are "qualified beneficiaries," divorced or widowed spouses, children and other dependents of covered employees who lost coverage due to age limitation or marriage. COBRA coverage is also extended to the Section 125 Flexible Spending Plans. Detailed information will be given to employees and dependents at the time of enrollment in a qualified plan and again at the time of separation from employment.

Retirement Plan

The Corporation contributes to a retirement plan for each employee who meets eligibility requirements as set forth in the plan's summary plan description (SPD) which is available in Human Resources. Contributions are set annually by the Board of Directors based on an assessment of the Corporation's financial status at that time.

2.4 Work-Related Injury (Workers Compensation)

Any employee who is injured on the job is covered by New York State Workers Compensation. This provides wage compensation payments beginning on the eighth (8th) workday after the accident unless the disability extends beyond fourteen (14) days. In that event, the employee may be due cash benefits from the first day off the job. Medical expenses are provided from the day of injury.

Any employee who is injured on the job must report the injury to his/her supervisor or to Human Resources immediately. Depending on the nature and severity of the illness or injury, appropriate medical treatment will be sought.

At this time Evergreen Health Services is not certified by Worker’s Compensation to provide treatment for on-the-job illness or injury. The employee, even though an EHS patient, will be advised to seek treatment by either a certified provider or an emergency care facility, as needed. The supervisor will determine if the employee is able to drive him or herself. In the case of a serious illness or injury, 911 will be called and Evergreen Health Services professional staff may respond until Emergency Medical Services arrive on the scene.

Employees are encouraged to use Health Works WNY for assessment and treatment of work-related illness or injury. Information about locations and hours is available in Human Resources. The Corporation may require fitness for duty exams at Health Works WNY at any point in an employee’s absence from work for work-related illness or injury, including anticipated return to work. An employee who disagrees with the determination of fitness for duty may request a third opinion, at the Corporation’s expense. A provider for the third opinion will be mutually acceptable to the employee and the Corporation.

2.5 Short Term Disability

Any employee injured in a non-work related accident or who is on short term disability is paid full pay during the time of accrued EPTO. The employee can apply for disability benefits and may be eligible to receive benefits based on his/her salary for the extent of time allowed by law. A doctor’s statement must be submitted releasing the employee to return to work. The Corporation may require fitness for duty exams at Health Works WNY at any point in an employee’s absence from work for illness or injury, including anticipated return to work. An employee who disagrees with the determination of fitness for duty may request a third opinion, at the Corporation’s expense. A provider for the third opinion will be mutually acceptable to the employee and the Corporation.

2.6 Social Security

Law mandates Social Security coverage for all employees regardless of the number of hours worked per week, beginning with the first day of employment. The Corporation shares the cost with the employee. The employee's share is paid through a deduction from each paycheck.

2.7 Unemployment Insurance

All employees are covered from the first day of employment by the State's Unemployment Insurance law regardless of the number of hours worked per week. Detailed information about qualifications and benefits are available from New York State Department of Labor.

2.8 Holidays

The Management Team will determine holidays to be observed and dates the corporation will be closed. A schedule of observed holidays will be published for the staff during the month of December each year.

A. Regular Full Time Employees

All regular full time employees are entitled to eleven (11) scheduled holidays with pay per calendar year.

B. Regular Part Time Employees

Regular part-time employees will receive holiday pay if the holiday falls on a regularly scheduled workday. He/she will be paid for their normally scheduled work hours on which the holiday falls, not to exceed eight (8) hours.

Any employee who is on disability, workers compensation or leave of absence is not entitled to be paid for holidays that fall during their absences. Employees must work scheduled days before and after a holiday to be eligible for holiday pay. A PTO day will not be charged for any observed holiday that falls within an employee's vacation period.

2.9 Personal Time Off (PTO)

All full-time employees will accrue PTO hours according to the following table:

Years of Service RPTO Days (hours) per Year EPTO Days (hours) per Year

1st and 2nd 20 (160) 6 (48)

3rd, 4th, & 5th 25 (200) 6 (48)

6th 26 (208) 6 (48)

7th 27 (216) 6 (48)

8th 28 (224) 6 (48)

9th 29 (232) 6 (48)

10th and beyond 30 (240) 6 (48)

For purposes of this policy, the “year” is interpreted to start on the employee’s date of hire.

Regular PTO is designed to give employees time needed away from their everyday work schedule. The Corporation values its employees and recognizes the need for time off for family and home life. In addition to normal vacation time, RPTO is designed for reasonable minor personal illness, illness of an immediate member of the employee’s household, family or personal activities and extra holiday time.

While we realize that emergencies may arise from time to time, we request that you pre-schedule all personal leave time, when possible, to avoid staffing issues and to minimize disruption of client services. All vacation time must be pre-approved and pre-scheduled with your supervisor one month in advance. Approval will be based on an assessment of department workloads and other time off requests for the same time period.

Extended PTO is designed to serve as a reserve bank of time available in the event an employee or member of the immediate household experiences a more serious episode of illness (medical certification may be required) necessitating a lengthy absence from work. Employees eligible for intermittent Family and Medical Leave may use EPTO for absences.

EPTO is accessed after the third (3rd) consecutive work day of illness or from the first day of an employee's in-patient hospitalization, whichever occurs first and is retroactive to the first day of such extended absence.

RPTO and EPTO must be used in blocks of full hours.

Accrued but unused RPTO remaining at the end of the anniversary year will be handled as follows: Up to 5 days may be carried over as RPTO into the next year and any remaining balance will be converted to EPTO unless a plan for use of this time has been developed and approved by the employee's supervisor.

Provided the required notice of termination is given, as stated elsewhere in these policies, accrued but unused balances of RPTO only will be paid out to the employee as follows:

Completed Years of Service Maximum Payout

3 months to 2 years 10 days (80 hours)

3 - 5 years 15 days (120 hours)

6 years 16 days (128 hours)

7 years 17 days (136 hours)

8 years 18 days (144 hours)

9 years 19 days (152 hours)

10 years 20 days (160 hours)

2.10 Call-ins

An employee who will be out due to illness must notify his/her supervisor immediately by telephone prior to his/her scheduled starting time. If the employee is absent for more than one day, he/she must call the supervisor each morning.

Employees absent for three (3) or more consecutive days due to illness may be required to have a physician's statement before returning to work, however, the Corporation may request that an employee submit a physician's statement at any time. The Corporation can require a physician’s statement that verifies:

That the employee is under his/her care and an approximate date when he/she can return to work;
That the employee is well enough to return to work;
The illness of a family member that an employee is caring for.

This statement is to be given to the employee's immediate supervisor, who will see that it is filed with the employee's personal health file.

Employees who call in without sufficient accrued PTO will be counseled by the supervisor with written documentation of the counseling session being placed in the employee's personnel file for twelve (12) months. A second incident of calling in without sufficient time within twelve (12) months may result in a corrective action plan being developed to address the problem.

2.11 Bereavement Leave

Full time employees who experience a death in the immediate family will be granted up to three (3) days leave with pay per anniversary year to attend or arrange the funeral, and for travel incidental to such activity. Family members are defined for bereavement leave purposes as spouse/partner, child(ren), stepchild(ren), parent, parent surrogate, parent-in-law, brother, sister, grandparent or grandchild.

Part time employees are granted bereavement leave at the same proportionate rate as full time employees based on hours worked.

This allowance will not be paid for any day for which the employee is otherwise compensated, or for any day for which the employee otherwise would not have been at work. The Corporation will attempt to give employees time off to attend the funeral of any loved one, however, pay may be granted only when the death is in the immediate family of an employee, as defined above.

3.0 LEAVES OF ABSENCE

3.1 Leave of Absence without Pay

A leave of absence is any approved extended period from work without pay. A leave of absence may be granted with approval from the Division Vice President. This type of leave is reserved for unusual situations. Any employee who is requesting a leave of absence without pay for any purpose must submit a written request to his/her immediate supervisor who will review it with the Division Vice President. The request must specify a definite date for the employee's return to work, and must be accompanied by a statement from the employee's supervisor, assessing the impact the employee's absence would have on the department. Unauthorized or unexcused absences before a leave of absence is granted are grounds for termination.

If an employee on leave of absence wishes to extend his/her leave beyond the original return to work date, he/she must make the request in writing at least ten (10) calendar days before the expiration of the initial leave. Such a request will be reviewed and is subject to recommendation of the employee’s immediate supervisor and the approval of the Division Vice President. Failure to report to work immediately following an approved leave of absence will constitute a voluntary resignation.

During a leave of absence, an employee does not accumulate PTO. Employees on leave of absence are responsible for continuing their complete health insurance payments by prepaying the full monthly premium.

3.2 Family Medical Leave Act

As stipulated in the Family Medical Leave Act (FMLA) of 1993, the Corporation provides up to twelve (12) weeks of unpaid leave of absence to eligible employees for a variety of reasons related to family and medical care.

Employees eligible for leave are those who have worked for at least twelve (12) months for the Corporation, and for at least 1,250 hours during the twelve (12) months preceding the start of the leave.

A. Basic Leave Provisions

Employees, male or female, may take up to twelve (12) work weeks for leave during any twelve (12) month period:

· For the birth of a child, or the placement of a child with the employee for adoption or for foster care;

· To care for a spouse/partner, son, daughter or parent with a serious health condition;

· For the employee's own serious health condition.

Employees for whom leave of absence is approved must use accrued EPTO except that they may keep a reserve balance of forty (40) hours. Employees may apply RPTO to any part of their leave with permission from their supervisor. FMLA leave will run concurrently with short-term disability and Workers Compensation benefits.

B. Medical Certification

Employees who are requesting leave because of their own serious medical condition, or to care for the serious medical condition of a family member may be required to provide certification from a physician about the medical condition of the person affected.

C. Employment and Benefits Protection

Employees on leave for family or personal medical care will not lose any benefits that accrued before the leave began. During this leave, employees will not accrue PTO. Health insurance coverage in the Corporation's plan will be maintained while the employee is out on leave of absence provided employees make advance arrangements with finance to pay the employee’s portion of premiums. Upon return from the leave of absence, the employee will be restored to their former or equivalent position with equivalent pay, benefits and employment terms.

Intermittent Leave

Employees may take FMLA leave on an intermittent basis in cases where there is a documented need to manage a serious health condition or to care for a family member with a serious health condition. Medical certification of the need is required.

Notice Requirements

Employees must provide at least thirty (30) days written notice when the leave is foreseeable. Where this is not possible, employees are required to provide as much notice as practical. A request for a leave of absence must specify a definite date for the employee's return to work.

3.3 Military Leave

As outlined in the federal and state employment laws, the Corporation will not discriminate against individuals because of their military obligations. Leave of absence for military training or active/inactive duty in the armed forces is a leave of absence without pay. Employees must make a written request for military leave to their supervisor, and provide a copy of their orders. The request must include beginning and approximate ending dates for the leave if that information is available.

Employees on leave of absence for military duty will be entitled to participate in the Corporation’s health insurance plan for up to eighteen (18) months at their own expense from the beginning of the leave. Employees will not accrue PTO while on leave of absence for military activity. All other benefits will be provided as outlined in federal and state employment laws. When military duty is finished, the employee is entitled to be reinstated with the Corporation, provided that he/she meets all required conditions as outlined in federal and state employment laws.

3.4 Jury Duty

Any employee who is summoned for jury duty should notify his/her supervisor immediately and present proof of jury duty service. While on jury duty service an employee must maintain daily telephone contact with his/her immediate supervisor regarding juror status. If an employee is dismissed from jury duty prior to the end of his/her normal workday, he/she must report to work. Upon completion of jury duty service, the employee must provide his/her supervisor with proof of juror service.

Full time employees

A full time employee who is summoned for jury duty service will be excused from work. With proper proof of jury service requirement, an employee who has completed three months of service will receive his/her regular salary for up to twenty (20) days. The employee must reimburse the Corporation any stipend paid to them by the court.

B. Part time employees

A part time employee will be excused from work for jury duty service. The Corporation will pay the employee’s salary for up to three (3) days of jury duty provided the employee has completed three months of employment. This payment will be made only for days the employee would have normally worked. The employee will reimburse the Corporation any stipend paid to them by the court for the days his/her salary is paid by the Corporation. After these three (3) days, the employee is entitled to keep the stipend paid to them by the court.

Casual employees

A casual employee will be excused from work for jury duty. The Corporation does not compensate casual employees for jury duty service.

4.0 HOURS, WORK SCHEDULE & COMPENSATION

4.1 Corporation Hours and Work Schedule

The Corporation establishes business hours based on circumstances it determines to meet service and program needs. When there are special programs or services beyond these hours, employees may be required to work.

Each employee's supervisor will set a specific work schedule for the employee that may be changed from time to time, depending on the needs of the Corporation. Although an effort should be made to provide notice of a change in schedule, it may, on occasion, be necessary to make changes without notice.

All employees are entitled to one hour off for lunch that should be taken between the hours of 11:30 and 2:00 unless they have permission from their supervisor to do otherwise.

4.2 Emergency Closings

Under extreme circumstances such as inclement weather or other crisis situations, the President/CEO or his/her designee may decide to close one or all Corporation offices. If the Corporation is closed under these circumstances, no charge against an employee's accrued time will be made. However, staff who have previously scheduled time off will not be entitled to paid time off. If an employee is absent when the Corporation is open, he/she will use PTO against said absence.

In these situations the President/CEO or his/her designee will notify members of the Management Team and local radio stations which will be identified on a year to year basis. A message will be recorded on the Employee Emergency Voice Mail line at extension 206. Employees are responsible for listening for Corporation closing information and will not be notified individually. In the Corporation’s satellite offices, the Director will be responsible for calling the President/CEO or Vice President/COO and notifying them of the decision to close the office.

4.3 Time and Attendance Records

Employees are responsible for recording their hours worked and time off used on a time sheet, which is to be kept current on a daily basis. Time sheets are the official record of an employee’s compensated work time and should be submitted to his/her supervisor for approval by the end of the day on the last Friday of the pay period.

Individuals hired on an hourly or casual basis must also maintain time records to be submitted for payment of service.

All time sheets are kept on file in Human Resources. The supervisor and Human Resources will maintain a record of each employee’s time accrued and used. Every quarter, employees will receive an up to date report of benefit time available up to their next anniversary date. For this report to be accurate, all time sheets must be submitted to Human Resources by the payroll period closest to the end of the quarter.

4.4 Overtime

Employees may be required to work overtime, report before or remain at work after scheduled hours, or work on a regularly scheduled day off. Exempt employees are expected to work the hours necessary to complete their responsibilities. A refusal to work overtime, unless undue hardship is shown, may constitute insubordination and may be grounds for disciplinary action.

Compensation for overtime work applies to non-exempt positions only. Employees who are non-exempt from the overtime provisions of the Fair Labor Standards Act, will be paid overtime as stipulated by law for all hours worked in excess of forty (40) hours actually worked in a work week. These hours do not include holidays, sick time, jury duty or other paid time off, or lunch periods. The work week runs from Saturday through Friday.

An employee who must work beyond normal business hours because of a meeting, appointment or other scheduled event, may adjust his/her work schedule to accommodate these hours. For example, if attending a meeting from 7:00 to 9:00 p.m., a schedule may change from 9:00 - 5:00 to 1:00 - 9:00. Schedule adjustments must take place within a one-week period and cannot be carried over to the next week. Permission to work in excess of scheduled hours must be obtained by the employee from a supervisor in advance.

4.5 Distribution of Paychecks

Effective June 1, 2007, all employees will be required to have wages directly deposited in a bank account of their choosing. New employees will have 30 days to make arrangements for direct deposit.

Paychecks are distributed every other Friday. If a holiday falls on a payday, paychecks will be distributed the day before. The pay period ends on the Friday preceding the week in which pay checks are distributed. In rare circumstances, the Associate Vice President of Human Resources may authorize a paycheck to be issued in advance.

Paychecks and paycheck stubs will not be released to third parties (i.e. family members, friends, or coworkers) without prior written consent of the employee.

4.6 Payroll Deductions

The Corporation is required by law to make the following mandatory deductions from paychecks:

· Federal Income Tax

· Social Security (matched by the Corporation contribution of equal amount).

· State and City taxes, where applicable.

Additional deductions for group insurance, charity and others are determined on an individual basis. Deductions from employee's gross pay are itemized on the stub attached to their paycheck.

4.7 Annual Income Accounting

On or before January 31st of each year, as required by law, every employee is sent a statement (W-2) of the preceding year's earnings and salary deductions for Federal and State Income Tax and Social Security (Federal Insurance Contribution Act) payments.

4.8 Salary Changes

All salary changes are made at the discretion of the Division Vice President after consultation with managers and supervisors. Salary changes will take effect in the pay period beginning closest to the effective date of the change.

5.0 PERFORMANCE REVIEW

5.1 Performance Review

Performance reviews assist employees in further development, while letting them know how they measure up to expectations of the Corporation. From date of hire, the employee's supervisor will, on a continuous basis:

· Communicate standards of performance that describe acceptable work and conduct;

· Delegate, observe and review the employee's work and conduct;

· Evaluate the employee's work methods and goal achievements;

· Discuss and document seriously deficient or highly commendable performance;

· Formulate steps to improve and/or maintain performance in relation to the standards;

· Follow-up to determine the effect of corrective action on employee performance.

Written performance reviews are required a minimum of three (3) times during the first year of employment, at three (3) months, six (6) months and twelve (12) months. An annual review is required each year in August. Performance reviews may occur more frequently at the discretion of the supervisor.

Whenever any written assessment of job performance has been completed, the supervisor and employee will review it together, and the employee will countersign it to show that a conference has taken place. Employees are given an opportunity to respond in writing to the performance review on the review form. Each performance review is reviewed by the supervisor and division Vice President and becomes part of the employee's permanent work record. The employee should also keep a copy.

When a current employee takes a new position, his/her performance will be evaluated between three (3) and six (6) months at the discretion of the supervisor. At the end of this time period the supervisor will conduct a performance review with the employee. Subsequent annual reviews will be conducted in August.

5.2 Corrective Action

If and when an employee's performance is unsatisfactory, his/her supervisor will address the issue(s) in a timely manner with the goal to correct or eliminate the unacceptable behavior. The action taken and documented will depend on the severity of the issue(s) and the particular employee’s work record. Examples of disciplinary actions include counseling, written warnings, formal corrective action plans, suspension, or termination. An employee on corrective action may not be considered for transfer or promotion and may not receive salary increases or performance incentive payments.

6.0 TRAVEL & CONFERENCES

6.1 Reimbursement for Local Travel Expenses

When employees use their own vehicle for travel on behalf of the Corporation, they may request reimbursement for mileage, parking and tolls. Reimbursement will be made at a per mile rate, approved by the Management Team. Mileage reimbursement is intended to compensate employees for job-related travel, which includes maintenance and wear and tear of the vehicle. These expenses should be itemized and recorded on the Travel (Mileage) Expense Form and submitted either biweekly or monthly. In all cases, a prior month’s expenses must be submitted to the employee’s immediate supervisor for approval by the fifth (5th) working day of each month for payment. Abuse of this policy, including falsifying expense reports to reflect costs not incurred by the employee, is grounds for disciplinary action up to and including termination of employment.

The Corporation has established the following guidelines for local travel reimbursement:

An employee is not eligible for mileage reimbursement for travel to and from his/her home and AIDS Community Services’ permanent work site.
An employee who proceeds directly from his/her home to an assignment (away from the permanent work site) and then continues on to the permanent work site will be reimbursed for mileage in excess of normal travel between his/her home and the permanent work site.
An employee who proceeds directly home from an assignment (away from the permanent work site) will be reimbursed for mileage in excess of normal travel between his/her home and the permanent work site.
An employee who accrues mileage outside normal working hours (overtime and weekends) will be reimbursed for total miles incurred to and from home and the work destination.
Tolls and parking fees are to be itemized as separate items on the Travel (Mileage) Expense Form. Receipts are required for reimbursement.
In situations where more than one employee needs to attend a meeting or other event, staff should make arrangements to car pool to conserve resources.

In special circumstances overnight accommodations may be necessary within the Western New York area. Permission must be granted from the Division Vice President to arrange for such accommodations under these circumstances.

6.2 Out of Town Travel

A. General Information

AIDS Community Services will reimburse employees for fair and reasonable authorized expenses incurred in the conduct of official business away from the permanent work site outside of the eight (8) counties of Western New York. Only travel conducted for the purpose of promoting and furthering AIDS Community Services’ program initiatives are to be charged to the organization. Charges not in accordance with the provisions set forth below will not be reimbursed. Employees will complete or have on file with the Assistant to the President a Travel Profile.

Travel expense reports, including reimbursement or expense reports, should be submitted within five (5) days after return, with all receipts attached except for meal and tip expenses.

Abuse of this policy, including falsifying expense reports to reflect costs not incurred by the employee, is grounds for disciplinary action up to and including termination of employment. Special circumstances require signed approval by the immediate supervisor and the Division Vice President.

B. Prior Approval

Travel outside of Western New York or overnight business trips require approval of the employee’s immediate supervisor prior to travel. If the travel is related to attending a conference, he/she must complete a Request to Attend Conference or Training Form. Travel beyond a 150 mile radius of the permanent work site requires signed approval by the immediate supervisor and the Division Vice President.

C. Request for Advance

Once travel has been approved, a travel advance may be requested on the Expense Summary Form. This form must be submitted to the employee’s immediate supervisor for approval.

Within five (5) days after the event, the employee must complete an Expense Summary Form that itemizes all expenses (except for meals and tips) with receipts, to reconcile the account. If the expenses incurred were more than the amount advanced, the employee will be reimbursed the difference based on receipts turned in, with permission from his/her supervisor. If the expenses incurred were less than the amount advanced, the employee must refund the Corporation the difference. If the account is not reconciled within five (5) days after the event, the amount will be deducted from the employee’s paycheck.

D. Modes of Travel

The mode of travel is determined by the distance covered, availability of transportation, and purpose of the travel based on the following guidelines:

Air, train or bus travel: Normally, commercial air, rail or bus will be used for travel outside of Western New York. Employees who are planning business travel should use the Corporation’s travel agent service, available through the Assistant to the President. A first-class rate is permitted only when there is no other available accommodation on the required travel day.

Using your own car for out of town travel: Employees may use their own car for out of town travel after a determination has been made that commercial travel is uneconomical, impractical or not possible. In such cases, reimbursement will be made for mileage, along with lodging, meals, parking, or tolls while in transit.

Rental cars: A rental car may be used if the actual cost is the most economical when compared to other means of transportation, or if it is the only feasible means of transportation available. The Corporation uses a corporate account for car rentals. Staff should make arrangements with the Assistant to the President to use this service. An employee may not use a rental car rented by AIDS Community Services for personal use.

E. Other Transportation Issues

An airport van or bus should be used when available unless schedules require a faster mode of travel such as a taxi. If the employee needs to use taxi service at other times for business travel these trips must be itemized and explained. 15% is the maximum amount allowed when tipping commercial travel (taxis).

Long term parking at airport or train stations will be reimbursed at a maximum amount of $6.00 per day. Tolls and parking fees are to be itemized as separate items on the Expense Summary Form. Receipts are required for reimbursement.

F. Overnight Accommodations

Employees who need overnight hotel/motel accommodations must contact the Assistant to the President who is responsible for making these arrangements. The Assistant to the President will secure accommodations for a standard room, at conference, state or corporate rates.

The following expenses will not be reimbursed:

In-room movie rentals;
Hotel valet or cleaning service for trips under five (5) days, unless time is unexpectedly extended beyond original plans;
Expenses of a truly personal nature, i.e. haircuts, manicures, sports club memberships, etc.
Cash or valued items lost or stolen while traveling on company business is the responsibility of the employee and is not reimbursable.
Telephone charges of a personal nature.

Luggage handling fees should be itemized separately on the Expense Summary Form.

G. Food & Meals

Based on the information provided on the appropriate request form, and with approval from their supervisor, employees may be advanced or reimbursed an allowance for food/meals on a per day rate. The maximum values, including applicable tax and gratuity, are $30.00 per day without receipts, $50 with receipts in New York City, or $45 with receipts all other cities ($15/$25/$22.50 respectively for half days). In instances where one (1) or more meals will be provided, the employee’s supervisor will determine the amount of the allowance.

Employees will not be reimbursed for expenses incurred above the per diem amount without receipts, nor will they be required to return the difference to the Corporation if entire allowance is not used.

Requests to Attend Conferences or Training

Training or conference attendance by an employee must be requested from and approved by the employee’s immediate supervisor prior to the conference on the Request to Attend Training Or Conference Form.

It is the responsibility of the employee’s supervisor to inform the Finance Department of the request for conference attendance to determine if funds are available. If the cost of the requested training or conference is greater than $300, the Division Vice President must give approval for attendance.

Once approval has been obtained, the Assistant to the President will handle program registration and provide the employee with notice of confirmation. For staff in the Division of Prevention Education these arrangements will be handled by the designated Administrative Assistant. For staff of Alianza Latina these arrangements will be handled by the designated Administrative Assistant.

An employee who arrives early in the conference city or remains after the meeting has adjourned for his/her own pleasure is to charge this time against his/her vacation time or other accrued time off. An employee will pay his/her own expenses for any additional days spent after the conclusion of the training or conference.

Upon return the employee will write a summary of his/her experiences at the conference or training and present it, with the Record of Conferences/Training Form to his/her supervisor. The employee may be asked to present a summary of his/her experiences at the conference/training to other agency staff.

7.0 MISUSE OF ALCOHOL OR DRUGS

7.1 Federal Drug Free Workplace Guidelines

Under the provisions of the Federal Drug Free Workplace Act, the Corporation maintains a drug free workplace. It is unlawful to manufacture, distribute, dispense, possess or use a controlled substance in our workplace. Violations of this rule can result in the immediate dismissal of an employee.

The Corporation includes information about our drug-free workplace rules and the consequences of violating these rules as part of each new employee's orientation.
The Corporation will provide an in-service yearly for staff covering the dangers of drug abuse in the workplace and explain the Corporation's ongoing program of maintaining a drug-free workplace.
The Corporation makes available to its employees the services of an Employee Assistance Program (EAP) that can be accessed confidentially by individual employees for consultation and through whom employees may request referral to treatment and assistance programs.
Employees are required to inform the President/CEO in writing of any criminal drug statute conviction that occurs in our workplace no later than five (5) calendar days after such conviction.
The Corporation will inform the New York State Health Department of any conviction of one of its employees for workplace drug abuse.
The Corporation has the option, within a thirty (30) day period, of instituting appropriate personnel action, including termination, if any employee is convicted for violating a criminal drug statute, or, at it's discretion, may require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or Local health, law enforcement or other appropriate Corporation.
All employees are required to sign a statement at the time of their hiring, indicating that they have read, understand and agree to all the provisions contained in the Corporation Personnel Policy Manual, including the policy of the Corporation to maintain a drug-free workplace.

7.2 Use of Alcohol and Other Drugs

The Corporation reserves the right to restrict the use of alcohol and other drugs by employees at any event sponsored by the Corporation. Employees who come to work or attend Corporation events and who exhibit inappropriate behavior due to the influence of alcohol or other drugs may be placed on corrective action or dismissed immediately. “Under the influence” means being unable to perform work in a safe and productive manner, or being in a physical or mental condition that creates a risk to the safety and well being of the individual, employees, the public or Corporation property. The Corporation reserves the right to make this judgment in each and every instance.

The Corporation reserves the right to require any employee suspected of alcohol or other drug use to undergo testing. Employees who refuse to be tested will be subject to discipline, up to and including, termination.

Employees who abuse alcohol or other drugs off the job run the risk of jeopardizing the safety of themselves, their families, the public and the Corporation. Whenever such usage interferes with the Corporation’s ability to carry out its responsibilities or increases its potential liability, discipline up to and including termination may be imposed.

7.3 Chemical Dependency Consultations

The services of the Corporation’s Employee Assistance Program (EAP) are available to staff members and their families. Contact with the EAP is protected by confidentiality within and outside the Corporation. Employees may speak directly with the EAP for information and/or assistance concerning issues related to alcohol or other drug use. Interaction with the EAP is entirely confidential and does not become part of the employee’s personnel file.

8.0 EMPLOYEE GRIEVANCES

8.1 Grievance Procedures

The Corporation recognizes that occasionally employees may feel that they have been unfairly treated, that terms and conditions of their employment have been breached, or that the Corporation personnel policies and procedures may be violated or ignored. The following procedure is intended to provide comprehensive review of employee grievances:

A. Stage One - The employee must present his/her complaint in writing to the immediate supervisor within five (5) workdays from the occurrence of the event causing the complaint. This written notice must contain the date, time and place of the alleged incident/situation which has created the grievance, the particular policy or practice involved and the relief/settlement sought. The supervisor will meet with the employee to discuss the matter within five (5) workdays of this presentation. The supervisor will investigate the situation as is appropriate, including consultation with higher level supervision and render a decision, normally in writing.

B. Stage Two - If the employee is not satisfied with the resolution in Stage One, he/she can present written details of the complaint to the next higher supervisor. The written grievance should be presented to the next higher level supervisor within five (5) workdays after the completion of Stage One. This person will have five (5) working days to render a written determination to the employee.

Stage Three - If the employee is not satisfied with the resolution in Stage Two, he/she can present written details of the complaint to the President/CEO. The written grievance should be presented to the President/CEO within five (5) workdays after the completion of Stage Two. The President/CEO will have fifteen (15) working days to render a written determination to the employee. In all cases, the President/CEO is the final level of appeal. The President/CEO's determination in each case will be written and filed with the employee’s personnel records.

9.0 SAFETY & SECURITY ISSUES

9.1 Personal Safety & Security

The Corporation is committed to providing a safe and healthful work environment, implementing safe work practices, preparing each employee to work safely, and complying with local, state and federal laws. Compliance with all established safety policies, procedures and practices is expected of each employee.

Every employee is directly responsible and accountable for his/her own safety on the job and he/she is expected to report any unsafe condition to his/her supervisor. If an employee observes an unsafe condition, it must be reported to his/her supervisor at once, and documented on a Safety Alert Fact Sheet. If there is an accident involving an employee, client or other visitor, it must be reported to a supervisor as soon as possible, no matter how minor the accident may seem, and be documented as soon as possible.

Many of the Corporation’s positions require employees to provide services in individual’s homes or in other unfamiliar situations. It is not the Corporation’s expectation that the employee’s safety is ever at risk, however, employees may feel their personal safety is compromised in certain situations. If at any time an employee feels their personal safety is at risk, he/she must report it to their supervisor as soon as possible. Staff who knowingly put themselves in dangerous situations in the course of their jobs may face disciplinary action, including dismissal.

9.2 Working after Business Hours

Employees are discouraged from working alone in the building at anytime. An employee, who has to work before or after regular business hours or on weekends, must arrange this ahead of time with permission from his/her supervisor. Employees who are working before or after business hours must lock the main entrance to their work area and carry their keys with them at all times. In these situations employees should park their car as close to the entrance to the building as possible and should make every attempt to leave the building with another person.

9.3 ID Badges

All employees receive ID badges when they begin employment that includes their name, title and their photo. Employees of Evergreen Health Services must wear photo ID badges that include their name, title and professional credentials (ie. M.D., R.N., N.P.) Employees are required to wear ID badges at all times when they are working except while working in the field with clients. All volunteers, interns and guests (not including clients or patients) must also wear ID badges at all times. Employees are responsible for giving an ID badge to their visitors. Every employee must be alert to individuals in the facility who are not wearing an ID badge. If an employee notices someone without an ID badge, he/she should ask the name of the staff person he/she is visiting and direct the person to that individual. Guests may not be in the private areas of the building unless escorted by an employee.

Access to the Building

All employees are entrusted with a building access card/fob and keys to certain doors to the building on a need-to-have basis. Employees are required to sign a receipt indicating which keys they are given and outlining proper use of their keys.

If an employee loses his/her keys or building access card/fob, he/she must notify the Assistant to the President immediately. The employee will be charged any applicable replacement fees. When an employee leaves the Corporation, he/she must return all keys and the building access card/fob to receive their final mileage reimbursement payment.

9.5 Loss of or Damage to Personal Property

The Corporation is not responsible for any damage, destruction, theft or other loss of personal property that an employee may bring to the work site for personal or professional use in the course of his/her employment.

9.6 Workplace Violence

The Corporation is committed to providing a safe environment for its employees and clients. Violence, threats of violence, harassment (sexual, verbal), intimidation, or other disruptive or dangerous behavior will not be tolerated. Employees should report any suspicious or threatening behavior to a manager or supervisor immediately. All reports of incidents will be taken seriously, investigated promptly and dealt with appropriately. Individuals who commit such acts may be removed from the premises and may be subject to disciplinary action, civil and/or criminal penalties, or any other appropriate sanctions, as the case may be. Additional information is available in the Corporation’s Safety & Security Manual.

Domestic Violence

The AIDS Association is committed to providing a workplace in which domestic violence is not tolerated or excused. The workplace should be a safe environment. A detailed policy appears in the Corporation’s Safety & Security Manual. This policy is intended to increase awareness of domestic violence and help in responding to the needs of victims.

9.8 Safety Training

The Corporation is committed to instructing all employees in safe and healthy work practices. ACS will provide training to each employee with regard to general safety procedures and guidelines and/or to any hazards or safety procedures that are specific to that employee’s work situation. Training will occur when an employee is hired, when ACS believes additional training is warranted, when an employee is given a new job assignment, or when new procedures are introduced which represent a new challenge or hazard.

10.0 INTERNAL COMMUNICATION

10.1 Mail

A designee of the President/CEO opens all incoming mail addressed to the Corporation in order to comply with finance standards. Outgoing mail is processed daily by each division/department. The Corporation’s postage meter and other mail permits are to be used for Corporations business only.

10.2 Inter-Office Mail

Employee mailboxes are located in each division/department and any internal mail should be distributed there. Any information distributed to employee mailboxes should be dated and include a notation of who it is from. Due to the sensitive nature of our business, any client, patient, personnel or other confidential information should be enclosed in an interoffice mail envelope. All internal memos must be approved and initialed by the employee’s supervisor before they are distributed to the staff.

10.3 Telephones

Office telephones are to be used for agency business only. Employees may use them for personal calls only when necessary and should keep these calls brief. Abuse of the phones may be reflected in an employee’s performance review. If for any reason an employee’s personal call appears on the long distance phone bill, the employee will be notified by his/her supervisor and is expected to reimburse the Corporation for the call(s).

The Corporation does not routinely accept collect calls. An 800 (toll free) number has been established to reduce the extraordinarily high costs of accepting collect long distance calls. Clients and others who call long distance collect should be given this number.

10.4 Information Technology

The Corporation provides information technology, including access to the Internet, to help employees do their job faster and smarter, and be well-informed business citizens. The facilities to provide that access represents a considerable commitment of company resources for telecommunications, networking, software storage, etc. This policy is designed to help you understand the Corporation’s expectations for the use of those resources in the particular conditions of the Internet, and to help you use those resources wisely. This policy applies to all Corporation staff. It also applies to all non-staff users accessing Corporation computers made publicly available or contracting for access to such resources.

Computer Systems.

The Corporation itself and any other computing resources, including hardware, software and documents are the property of the Corporation whether or not such computing resources are connected to the corporate network. No one may add hardware or software programs to the Corporation computer system without the express permission of the Division Vice President and the Director of Information Systems (IS).

Access to the Corporation’s computers is a privilege granted by the Corporation to authorized users. Determining authorized use is the responsibility of the Management Team. Proper use of Corporation computers involves only those activities performed in support of the Corporation’s contractual and/or operational requirements.

All other use of the Corporation’s computers connected to the network, including hardware, software is expressly forbidden. The Corporation promotes the use of security measures on all of its computer and communication facilities. Employees must comply with Information Systems procedures regarding setting, changing and protecting passwords. All system passwords, initial login to the network, must be changed on a quarterly basis. System passwords may not be shared with anyone, including administrative assistants or supervisors. All passwords are to be treated as sensitive, confidential AIDS Community Services information. A 14-day reminder grace period will be allowed. If passwords are not changed at the end of this grace period, access to the system will be denied and may only be restored by the Director of Information Systems. Passwords for agency software (e.g. MAS90, ABRA, URS, etc.) must be set and recorded with the Director of Information Systems.

The following will be considered a serious and direct violation of this policy:

Revealing a password over the phone to ANYONE
Revealing a password in an e-mail message
Revealing a password to your supervisor
Talking about a password in front of others
Hinting at the format of a password (e.g. “my family name”)
Revealing a password on questionnaires or security forms
Sharing a password with family members
Revealing a password to co-workers while on vacation
Using the “Remember Password” feature of applications (e.g. Outlook, Internet Explorer, etc.)

Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. If an account or password is suspected to have been compromised, it must be reported to a supervisor and/or the Director of Information Systems.

The Corporation’s computers shall not be used:

In violation of the terms included in federal, state and private grants and contracts awarded to the Corporation;
For commercial applications unrelated to the Corporation’s assigned functions and sanctioned activities;
To establish computer accounts and/or electronic identification addresses without authorization;
To obtain passwords without the consent of owners or to divulge any confidential information or passwords to any third parties;
To gain unauthorized access to any computer;
To willfully, knowingly and without authorization interfere with the normal operation of computers, terminals, peripherals, or networks;
To knowingly install, use, or give to another user a program designed to damage or render unusable (i.e. viruses) a computer system or network;
To circumvent system security schemes;
To violate terms of software licensing agreements or copyright laws;
Mask the identity of an account and/or electronic identification address or machine where such information is clearly required;
To monitor or tamper with others’ communications, except in the course of exercising normal supervisory oversight;
To read, copy, change or delete users’ files or software without explicit consent of the owners or as directed by the Director of Information Systems (IS);
To conduct any activities which are illegal under federal or state law, such as religious, ethnic and/or gender discrimination, or engaging in conduct which is otherwise obscene or defamatory. Because of our unique mission, the Corporation is committed to creating an environment that openly encourages healthy discussion of human sexuality issues.

Access to the Corporation’s computers increases the vulnerability of equipment and software connected to it. Security measures must be supported by all users. Theft, loss or damage to data, computer/network and software applications, as well as unauthorized access to information, may occur from inadequate system security protection mechanisms, despite efforts to maintain those systems and network security facilities. The Corporation makes no warranty, either expressed or implied, with respect to such security measures. The Director of IS is solely responsible for implementing measures to protect hardware, software, data and/or security on the system.

No employee or other user should have any expectation of privacy as to his or her use of Corporation information technology. As permitted by law, transmissions or files maintained on the Corporation computers are subject to monitoring or examination for legitimate business purposes at any time by appropriate Corporation officials in the ordinary course of business. The Director of IS may conduct any monitoring as needed to insure reasonable maintenance and use of system hardware, software, data and/or for other business purposes provided proper authorization has been secured. This authority may be exercised with or without notice to the user. All Corporation staff, student interns, volunteers and other authorized users must cooperate fully with any search conducted by the Corporation for any lawful purpose, including internal audits.

B. Computer Access and Confidentiality.

The Corporation has established an agency-wide system of computer data and information. Staff and volunteers are given certain types of access to certain databases consistent with their position and job responsibilities.

Human Resources in conjunction with division heads will establish an approved list of programs for each job description. Where necessary, in the opinion of the supervisor, employees may be required to attend training sessions on computer and/or software proficiency prior to being given access to or authority to use the Corporation’s computer equipment or particular applications. An employee who believes that he or she needs a program which is not on the approved list must consult with the supervisor who will determine if a request will be submitted to the Management Team and the Director of IS. Only programs that enhance the employee’s ability to perform the job will be added to his or her approved list.

Authorized system users must keep information obtained from system access confidential except as otherwise necessary to perform the task assigned. In all instances, authorized system users are responsible for having knowledge of and complying with all laws and Corporation policies relative to confidentiality.

Staff: Authorized users should be provided access to information on the Corporation computer system only on a need-to-know basis. Such limitations must be consistent with Corporation policy and applicable law. If patient/client information or medical records are involved, such access must be consistent with applicable Corporation policy and state and federal statutes. Access to personnel records is also limited by Corporation policy and by applicable law.

Student Interns and Volunteers: Students and volunteers may be allowed to have only limited access passwords into any of the applications systems. The determination of whether or not a student or volunteer should have such access will be as follows:

The need to know or use the information to do a specific job for an authorized user.
The duties of the student or volunteer must be specifically assigned, and a determination made that he or she has a need to use certain confidential information.
There is adequate supervision of the student or volunteer at all times while accessing the system.

All information obtained through the system must be kept confidential and may not, without the prior permission or instruction of the supervisor and the Director of Information Systems, be modified, copied, disclosed or made available to others, except as permitted under federal and state law, and as required for the performance of the individual’s job. This includes aggregate statistical information in support of a research paper or thesis. Authorized system users must be particularly aware of privacy issues when dealing with client and medical patient information. Unauthorized disclosure of such information is strictly prohibited, and will violate federal and state laws.

Authorized system users may not disclose their passwords to anyone. Authorized system users must follow all applicable security guidelines relating to use of the system. System users are obligated to make every reasonable effort to prevent the viewing of information by unauthorized parties. The Director of IS and supervisors are expected to inform each authorized system user of this policy and any specific requirements relating to the user’s specific circumstances. Approval is required from the division Vice President before anyone may be given a password.

C. Internet/Intranet Use.

Authority to use the Corporation’s computer system to access the Internet, establish business e-mail accounts, use personal e-mail accounts, and to use the system’s internal e-mail feature (Intranet) is given by the Management Team and is based on the relevance of such use to an individual’s core business functions.

“Downloading” means to take a file off the Internet and save it on a disk or the computer’s hard drive. “Uploading” means taking any files or software licensed to the Corporation and sending it either electronically or via a disk to another site or system. The Director of IS is the only person authorized to install, download and/or upload programs or executable (i.e., .exe) files on Corporation computers. Non-program files must be first downloaded to a disk and checked for any viruses before saving on the hard drive or network directories. In some cases the file may be too large for a disk. Employees should contact the Director of IS for assistance.

Individuals may not use the Corporation’s computers or systems to create a web site.

All Corporation computers are to be protected from viruses by a virus scanning program installed by the Director of IS.

D. Violations

All known and/or suspected violations of this Section 10.4 must be reported to a supervisor and/or the Associate Vice President of Human Resources. All such allegations of misuse will be investigated by Human Resources with the assistance of the Director of IS. Where misuse or unauthorized use is confirmed, consequences may include:

Suspension or termination of access to computer and/or network resources;
Suspension or termination of employment;
Criminal and/or civil prosecution.

10.5 Voice Mail

All employees are issued a voice mailbox and an access code when they are hired. Voice mail is used by outside callers to leave messages and also used by staff for in-house communication. This system replaces written or paper messages. Employees should check their voice mailboxes for messages as frequently as possible and keep their recorded greeting up to date. Due to limited memory space in the system, it is important not to store messages but rather keep a written phone log and erase messages once they have been listened to. The Assistant to the President can assist with any questions or problems with your voice mail.

10.6 FAX Machine

FAX machines are to be used for Corporation business only. Due to the confidential nature of our business, all employees are responsible for removing incoming FAX copies from the machine, placing them in an interoffice envelope and putting them in the appropriate staff mailbox.

10.7 Reporting Problems or Incidents

If employees are aware of problems or incidents in the community or internally that affect the Corporation, these incidents must be documented as soon as they occur so that an accurate, detailed report is available for reference. These incidents may occur on our premises, in a client's home or elsewhere in the community.

If an employee is involved in, or aware of an incident that should be documented, he/she should complete an Incident Report Form and report the incident immediately to his/her supervisor who will decide if further action is needed. All Incident Report Forms should be submitted to Human Resources.

10.8 Use of Cellular Phones

Employees in possession of Corporation equipment such as cellular phones are expected to protect the equipment from loss, damage or theft. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested may be expected to bear the cost of a replacement.

Employees are responsible for monthly charges incurred for use over and above the minutes allotted each month unless the phone is utilized exclusively for business.

Employees whose job responsibilities include regular or occasional driving and who are issued a cell phone for business use are expected to refrain from using their phone while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over is not an option, employees are expected to use hands-free equipment, refrain from discussion of complicated or emotional issues and keep their eyes on the road. Special care should be taken in situations where traffic is heavy, inclement weather conditions exist or the employee is driving in an unfamiliar area.

Under no circumstances are employees allowed to place themselves at risk to fulfill business needs. Employees who are charged with traffic violations resulting from the use of their phone while driving will be solely responsible for all liabilities that result from such actions. Violations of this policy will be subject to the highest forms of discipline including termination.

11.0 GENERAL INFORMATION & PROCEDURES

11.1 Confidentiality

The Corporation is committed to keeping all aspects of clients’ and patients’ relationships with the Corporation confidential. The Corporation considers clients and patients anyone who seeks its help in any form, whether or not they are formally registered in its records.

Employees may not discuss information about clients, patients or employees, present or past, to anyone else unless authorized to do so. Employees are bound by Article 27-F of New York State Public Health Law (Appendix B) and the federal Health Insurance Portability and Accountability Act (Appendix C).

Authorized employees may share confidential HIV-related information about their clients, without consent, to other staff if: staff is on agency's "need to know" list, and they reasonably need to know the information to provide services to the client(s). Such reasons include:

providing direct care/services to the clients;
planning, supervising, or coordinating services to clients;
performing administrative, billing, or reimbursement functions.

Employees authorized to access personal health related information are advised that they shall not:

Examine documents or computer data containing personal health related information unless required in the course of official duties and responsibilities;
Remove from the division or copy such documents or computer data unless acting within the scope of assigned duties;
Discuss the content of such documents or computer data with any person unless that person had authorized access and the need to know the information discussed; and
Illegally discriminate, abuse or harass a person to whom personal health information applies.

A breach of confidentiality is grounds for immediate termination of employment. All employees are required to sign a Confidentiality Pledge as a condition of employment with the Corporation. If a violation of this policy occurs after separation of employment, the former employee will pay the Corporation all reasonable expenses, including legal fees, required to address the violation.

11.2 Employee Assistance Program (EAP)

The Corporation will attempt to assist employees in resolving personal difficulties that affect their ability to perform their job-related responsibilities. Employees are encouraged to talk with their supervisors when they are experiencing difficulties that may affect their job performance. If a supervisor observes that an employee may be having personal problems, he/she may recommend that the employee talk with the Associate Vice President of Human Resources about the Employee Assistance Program. All information provided to the Associate Vice President of Human Resources under these circumstances would be kept confidential.

11.3 Sexual Harassment

The Corporation recognizes the right of all employees to a work environment free from sexual harassment. It is illegal and against the policy of the Corporation for any employee, male or female, to sexually harass another employee, male or female. Sexual harassment is any unwelcome sexual advance, request for sexual favors or verbal or physical conduct of a sexual nature between any employees regardless of gender when:

submission to such conduct is made either explicitly or implicitly a term or condition of employment, advancement or compensation;
submission to or rejection of such conduct by an individual is used as a basis for employment affecting that individual;
such conduct has the purpose or effect of substantially interfering with an individual's job or creating an intimidating, hostile or offensive working environment.

Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, is personally offensive, debilitates morale, and therefore, interferes with work effectiveness.

Because of our unique mission, the Corporation is committed to creating an environment that openly encourages healthy discussion of human sexuality issues. Each employee is expected to help keep the work place free of sexually harassing actions, communications and conditions.

In the event the Corporation has reasonable cause to suspect that any sexual harassment is occurring, it will take definitive action to investigate the situation, and end it, if it is found to occur.

Employees, who at any time feel in any way uncomfortable or offended by something in the Corporation’s work environment, should immediately discuss it with their supervisor or the Corporation’s Associate Vice President of Human Resources. Information disclosed in this procedure will be held in the strictest confidence, to the extent practical, and will only be disclosed on a need-to-know basis in order to investigate and resolve the matter.

Following the investigation, the Corporation will take appropriate corrective action, if warranted. In addition, any supervisor, agent or other employee who has been found by the Corporation, after appropriate investigation, to have sexually harassed another employee will be subject to appropriate sanctions depending on the circumstances, from a warning in his or her Personnel file up to and including termination. The determination of action to be taken, including termination of employment, will be based on the facts, on a case-by-case basis. False accusations may result in disciplinary action against the charging party, up to and including termination of employment.

11.4 Contact with the Media

The President/CEO is the official spokesperson for the Corporation. In his/her absence, requests from the media are to be directed to the Director of Marketing and Special Projects or in his/her absence, the Vice President/COO. Staff who are contacted by the media for information or interview requests, or who wish to respond to the media (i.e. letters to the editor) must receive prior approval from their supervisor before responding.

11.5 Monetary Gifts and Honoraria

Corporation employees are not permitted to accept monetary gifts, products or in-kind services in any form from any individual or organization that does business with the Corporation. Honoraria given to employees providing services or presentations on behalf of the Corporation while on "Corporation time" must be forwarded to the Finance Office and become the property of the Corporation.

11.6 Conflict of Interest

If an employee becomes employed elsewhere (part-time, full-time, or on a consulting basis), he/she must inform their supervisor. Should it appear, after consultation with the President/CEO, that this additional employment constitutes a conflict of interest; the employee may be asked to cease the additional employment or terminate employment with the Corporation.

11.7 Relationships

Any relationships that interferes or has the potential of interfering with the objectives of the organization must be disclosed to the employee’s immediate supervisor or division Vice President in order to evaluate the need for reassignment. A close personal relationship is defined as any romantic involvement, family bond, business or financial dealing or any other relationship that may cause conflict with the objectivity of service delivery. An actual or potential conflict of interest also occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of AIDS Association of Western New York, Inc. or any of its subordinate companies’ business dealings.

11.8 Solicitations

No outside group or organization may solicit Corporation staff, clients or patients without the express permission of the Management Team.

11.9 Parking/Bus Passes

Parking is provided for all full time employees. Employees who are issued a parking access card and/or parking sticker, are responsible for their safe keeping, and will be charged any applicable fees if they are lost or stolen. Parking cards/stickers must be returned upon an employee's departure from the agency or the employee will be responsible for any applicable fees.

The Corporation is not responsible for the theft or damage of an employee’s automobile or its contents while parked at a work site parking lot or at any location while on Corporation business.

Employees who are not required to drive their own cars may request a bus pass in lieu of parking. Employees exercising this option understand that they may again request parking after not less than six months with thirty (30) days’ written notice to.

11.10 Smoking

The Corporation maintains a smoke-free environment for the health and comfort of our employees, clients and visitors. Therefore, there is no smoking permitted in any Corporation facilities. Employees are not to smoke in the immediate area used by clients, patients and visitors to enter or leave the building. Staff may not expose non-smokers (children as well as adults) to smoke in any situation.

11.11 Attendance at Meetings and In-services

Employees are required to attend specific meetings as part of their conditions of employment. Supervisors will notify employees of the meetings they are required to attend so they can arrange their schedules. Employees who cannot attend required meetings must have prior permission from their supervisor to be excused.

In-services and other training are planned by the Management Team and provided to all employees throughout the year on issues related to the business of the Corporation. Attendance at Corporation-sponsored in-services is mandatory and employees who cannot attend must have prior permission from their supervisor to be excused.

Employees who attend training or in-services must complete a Record of Conferences, Training & Seminars. These are signed by the supervisor and recorded on the employee’s training log.

11.12 Professional Appearance

The Board of Trustees directs the Management Team to set policy regarding professional appearance and conduct for employees. It is their expectation that employees will dress in an appropriate, professional manner, exercise good judgment in dress, and consider how their appearance affects the public image of the Corporation.

11.13 Staff Internships

Employees returning to school who have completed at least six (6) months of service may request release time for required internships with written documentation from the field coordinator. The number of employees approved for the same semester may be limited by the Division Vice President based on the needs of the department.

Priority for release time will be given based on a combination of factors, each of which will be given weight: a) length of service, b) relevance of the program to the employee’s current job, and c) the employee’s documented performance and productivity standing. The maximum amount of release time that may be approved will be the equivalent of one workday per week. Staff may be approved to do their internships at the Corporation while actively employed, provided the Division Vice President is satisfied that the needs of the Corporation are being met.

12.0 ENDING EMPLOYMENT

12.1 Resignation

The Corporation requires a minimum of one (1) month notice from vice presidents, directors, coordinators, and licensed medical/nursing professionals and two (2) weeks notice from all other staff. Notice of resignation is to be given in writing to the appropriate supervisor. As stated in Section 2 of this manual, failure to provide the employer with the required notice time before terminating employment will cause the employee to forfeit any accrued RPTO pay, unless the President is satisfied that extraordinary circumstances exist.

12.2 Immediate Dismissal

Employees may be subject to immediate dismissal for serious offenses including but not limited to:

Misuse of Corporation funds or property.
Breach of client confidentiality.
Provision of unauthorized services to clients under the guise of the Corporation.
Refusal to carry out the policies of the Board of Trustees.
The use of drugs, alcohol or other substances during the performance of work related responsibilities.
Taking action that jeopardizes the legal, financial standing or the public image of the Corporation.
Possession of firearms or other weapons on Corporation premises or during the performance of work related responsibilities.

12.3 Unexcused Absence

Dependability and reliability are qualities valued by the Corporation. In order to meet the needs of our clients and patients, it is essential that employees come to work as scheduled and on time. An unexcused absence is one that has not been approved in advance by the employee’s immediate supervisor. Three (3) consecutive days of absence without communication to employee's supervisor and/or without sufficient medical documentation will constitute a voluntary resignation.

12.4 Layoff/Staff Reduction

Employees may be dismissed if there is a reduction in permanent staff due to fiscal considerations or for other changes in program needs.

12.5 Exit Interview

An exit interview will be conducted by the Associate Vice President of Human Resources or other Human Resources employee for all staff leaving the employ of the Corporation. Outcomes of the exit interview will be shared with management for the purposes of strategic planning and supervisory skill development.

12.6 Issuance of Final Paycheck

Before leaving employment of the Corporation, arrangements must be made for the employee to turn over any Corporation property he/she may have (keys, building access cards or fobs, ID badges, equipment, paperwork, etc.). The employee's supervisor must notify Human Resources of the status of all these items. If time off has been granted in advance of accrual it will be deducted from the final paycheck. Once an employee has given notice of resignation or is terminated, mileage reimbursement will be held pending final reconciliation of any amounts owed to the agency (e.g. lost or broken equipment, cell phone expenses).

12.7 Request for References

Disclosure of any employee information to outside sources is ordinarily limited to the verification of dates of employment with the Corporation, the position held, and title held in that position. Requests for additional information about an employee must be made in writing and accompanied by the employee’s signature, a copy of which will be kept in the personnel file. All requests for references must be cleared through Human Resources.

13.0 COMPENSATION GUIDELINES

13.1 Entry Salary Ranges

All salary increases are subject to overall approval of the President/CEO and are dependent on the available of funds. The following are job groups and normal range for entry salaries:

Band I Community Follow-up Workers $19,000 – 22,026

Custodians

Band II Assistant Case Managers $20,000 – 23,185

Outreach Workers

Administrative Assistants

Band III ACM w/ Bachelor’s $22,000 – 25,504

Program Assistants

Band IV Case Managers $25,000 – 28,982

Community Educators

Counselors

Billers

AP Clerk

Executive Assistant

Medical Office Assistant

Band V Coordinators $27,000 – 31,300

Finance Assistant

Specialists

Senior Case Managers

Band VI Accountant $33,000 – 38,256

Directors

Certain professional positions are subject to current market rates, e.g. Information Technology, Nursing, Mental Health, Medicine, and Nutrition.

Management Team (Vice Presidents and Associate Vice Presidents) salaries are set and adjusted by the President/CEO.

* Annual raises are determined by 1) corporation budget performance and ability to fund increases, and 2) individual performance appraisal results for the preceding period.

13.2 Compensation Strategy

Our compensation plan involves Salary Bands into which a number of job titles and categories fit. Bands are examined every 2 – 3 years for relevancy and competitiveness. New employees may be hired above the starting salary for documented education, skill and/or experience in excess of those minimum qualifications stated in a job description. The degree of difficulty recruiting qualified candidates may also be a factor.

Employees promoted to a position in another Band will receive a minimum $1000 increase in base salary (exclusive of the language differential described below) or the starting salary of the higher band whichever is greater.

When salary increases have been approved, employees hired or promoted on or after July 1st but before January 1st will be eligible for an increase in March and in September; employees hired or promoted on or after January 1st but before July 1st will be eligible for an increase in September and in March. The amounts of these first increases will be dependent on manager’s assessment of progress during the orientation period. Following these first increases, all employees will be evaluated for increases in September.

In August of each year, supervisors will complete performance evaluations for all direct reports. The following factors are rated for salary increase recommendation:

Length of service
Performance evaluation satisfactory overall score
Previously identified goals achieved

Employees on corrective action are not eligible for salary increases. Performance will be reviewed prior to March and September until issues are resolved and the employee can qualify for an increase.

Employees who are fluent in both English and Spanish will receive a differential of $500 added to their base salary.

Appendix A - ARTICLE 27-F

HIV AND AIDS RELATED INFORMATION

Section 2780. Definitions.

2781. HIV related testing.

2782. Confidentiality and disclosure.

2783. Penalties; immunities.

2784. Applicability to insurance institutions and insurance support organizations.

2785. Court authorization for disclosure of confidential HIV related information.

2785-a. Court order for HIV related testing in certain cases.

2786. Rules and regulations; forms; report.

2787. Separability.

§ 2780. Definitions. As used in this article, the following terms shall have the following meanings:

1. "AIDS" means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service.

2. "HIV infection" means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

3. "HIV related illness" means any illness that may result from or may be associated with HIV infection.

4. "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.

5. "Capacity to consent" means an individual's ability, determined without regard to the individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment, or procedure, or of a proposed disclosure of confidential HIV related information, as the case may be, and to make an informed decision concerning the service, treatment, procedure or disclosure.

6. "Protected individual" means a person who is the subject of an HIV related test or who has been diagnosed as having HIV infection, AIDS or HIV related illness.

7. "Confidential HIV related information" means any information, in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV related information, concerning whether an individual has been the subject of an HIV related test, or has HIV infection, HIV related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts.

8. "Health or social service" means any public or private care, treatment, clinical laboratory test, counseling or educational service for adults or children, and acute, chronic, custodial, residential, outpatient, home or other health care provided pursuant to this chapter or the social services law; public assistance or care as defined in article one of the social services law; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services provided pursuant to the social services law; services for the mentally disabled as defined in article one of the mental hygiene law; probation services, provided pursuant to articles twelve and twelve-A of the executive law; parole services, provided pursuant to article twelve-B of the executive law; correctional services, provided pursuant to the correction law; detention and rehabilitative services provided pursuant to article nineteen-G of the executive law; and the activities of the health care worker HIV/HBV advisory panel pursuant to article twenty-seven-DD of this chapter.

9. "Release of confidential HIV related information" means a written authorization for disclosure of confidential HIV related information which is signed by the protected individual, or if the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual. Such release shall be dated and shall specify to whom disclosure is authorized, the purpose for such disclosure and the time period during which the release is to be effective. A general authorization for the release of medical or other information shall not be construed as a release of confidential HIV related information, unless such authorization specifically indicates its dual purpose as a general authorization and an authorization for the release of confidential HIV related information and complies with the requirements of this subdivision.

10. "Contact" means an identified spouse or sex partner of the protected individual, a person identified as having shared hypodermic needles or syringes with the protected individual or a person who the protected individual may have exposed to HIV under circumstances that present a risk of transmission of HIV, as determined by the commissioner.

11. "Person" includes any natural person, partnership, association, joint venture, trust, public or private corporation, or state or local government agency.

12. "Health facility" means a hospital as defined in section two thousand eight hundred one of this chapter, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability as defined in article one of the mental hygiene law.

13. "Health care provider" means any physician, nurse, provider of services for the mentally disabled as defined in article one of the mental hygiene law, or other person involved in providing medical, nursing, counseling, or other health care or mental health service, including those associated with, or under contract to, a health maintenance organization or medical services plan.

14. "Child" means any protected individual actually or apparently under eighteen years of age.

15. "Authorized agency" means any agency defined by section three hundred seventy-one of the social services law and, for the purposes of this article, shall include such corporations incorporated or organized under the laws of the state as may be specifically authorized by their certificates of incorporation to receive children for the purposes of adoption or foster care.

16. "Insurance institution" means any corporation, association, partnership, reciprocal exchange, interinsurer, fraternal benefits society, agent, broker or other entity including, but not limited to, any health maintenance organization, medical service plan, or hospital plan which: (a) is engaged in the business of insurance; (b) provides health services coverage plans; or (c) provides benefits under, administers, or provides services for, an employee welfare benefit plan as defined in 29 U.S.C. 1002(1).

17. "Insurance support organization" means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurance institution for insurance transactions, including: (a) the furnishing of consumer reports or investigative consumer reports to an insurance institution for use in connection with an insurance transaction; or (b) the collection of personal information from insurance institutions or other insurance support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material non-disclosure in connection with insurance underwriting or insurance claim activity. The following persons shall not be considered "insurance-support organizations" for the purposes of this article: government institutions, insurance institutions, health facilities and health care providers.

§ 2781. HIV related testing.

Except as provided in section three thousand one hundred twenty-one of the civil practice law and rules, or unless otherwise specifically authorized or required by a state or federal law, no person shall order the performance of an HIV related test without first receiving the written, informed consent of the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, of a person authorized pursuant to law to consent to health care for such individual. A physician or other person authorized pursuant to law to order the performance of an HIV related test shall certify, in the order for the performance of an HIV related test, that informed consent required by this section has been received prior to ordering such test by a laboratory or other facility.
Informed consent to an HIV related test shall consist of a statement signed by the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, by a person authorized pursuant to law to consent to health care for the subject which includes at least the following:

(a) an explanation of the test, including its purpose, the meaning of its results, and the benefits of early diagnosis and medical intervention; and

(b) an explanation of the procedures to be followed, including that the test is voluntary, that consent may be withdrawn at any time, and a statement advising the subject that anonymous testing is available; and

(c) an explanation of the confidentiality protections afforded confidential HIV related information under this article, including the circumstances under which and classes of persons to whom disclosure of such information may be required, authorized or permitted under this article or in accordance with other provisions of law or regulation.

Prior to the execution of a written informed consent, a person ordering the performance of an HIV related test shall provide to the subject of an HIV related test or, if the subject lacks capacity to consent, to a person authorized pursuant to law to consent to health care for the subject, an explanation of the nature of AIDS and HIV related illness, information about discrimination problems that disclosure of the test result could cause and legal protections against such discrimination, and information about behavior known to pose risks for transmission and contraction of HIV infection.
A person authorized pursuant to law to order the performance of an HIV related test shall provide to the person seeking such test an opportunity to remain anonymous and to provide written, informed consent through use of a coded system with no linking of individual identity to the test request or results. A health care provider who is not authorized by the commissioner to provide HIV related tests on an anonymous basis shall refer a person who requests an anonymous test to a test site which does provide anonymous testing. The provisions of this subdivision shall not apply to a health care provider ordering the performance of an HIV related test on an individual proposed for insurance coverage.

5. At the time of communicating the test result to the subject of the test, a person ordering the performance of an HIV related test shall provide the subject of the test or, if the subject lacks capacity to consent, the person authorized pursuant to law to consent to health care for the subject with counseling or referrals for counseling: (a) for coping with the emotional consequences of learning the result; (b) regarding the discrimination problems that disclosure of the result could cause; (c) for behavior change to prevent transmission or contraction of HIV infection; (d) to inform such person of available medical treatments; and (e) regarding the test subject's need to notify his or her contacts.

6. The provisions of this section shall not apply to the performance of an HIV related test:

(a) by a health care provider or health facility in relation to the procuring, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical research or therapy, or for transplantation to individuals provided, however, that where the test results are communicated to the subject, post-test counseling, as described in subdivision five of this section, shall nonetheless be required; or

(b) for the purpose of research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher; or

(d) conducted pursuant to section twenty-five hundred-f of this chapter.

§ 2782. Confidentiality and disclosure.

No person who obtains confidential HIV related information in the course of providing any health or social service or pursuant to a release of confidential HIV related information may disclose or be compelled to disclose such information, except to the following:

(a) the protected individual or, when the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual;

(b) any person to whom disclosure is authorized pursuant to a release of confidential HIV related information;

the agent or employee is permitted to access medical records,
the health facility or health care provider itself is authorized to obtain the HIV related information, and
the agent or employee provides health care to the protected individual, or maintains or processes medical records for billing or reimbursement;

(d) a health care provider or health facility when knowledge of the HIV related information is necessary to provide appropriate care or treatment to the protected individual, a child of the individual, a contact of the protected individual or a person authorized to consent to health care for such a contact;

(e) a health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical education, research, therapy, or for transplantation to individuals;

(f) health facility staff committees or accreditation or oversight review organizations authorized to access medical records; provided that such committees or organizations may only disclose confidential HIV related information: (1) back to the facility or provider of a health or social service; (2) to carry out the monitoring, evaluation, or service review for which it was obtained; or (3) to a federal, state or local government agency for the purposes of and subject to the conditions provided in subdivision six of this section;

(g) a federal, state, county or local health officer when such disclosure is mandated by federal or state law;

(h) an authorized agency in connection with foster care or adoption of a child. Such agency shall be authorized to redisclose such information only pursuant to this article or in accordance with the provisions of subdivision eight of section three hundred seventy-two and section three hundred seventy-three-a of the social services law;

(i) third party reimbursers or their agents to the extent necessary to reimburse health care providers for health services; provided that, where necessary, an otherwise appropriate authorization for such disclosure has been secured by the provider;

(j) an insurance institution, for other than the purpose set forth in paragraph (i) of this subdivision, provided the insurance institution secures a dated and written authorization that indicates that health care providers, health facilities, insurance institutions, and other persons are authorized to disclose information about the protected individual, the nature of the information to be disclosed, the purposes for which the information is to be disclosed and which is signed by:

the protected individual;
if the protected individual lacks the capacity to consent, such other person authorized pursuant to law to consent for such individual; or
if the protected individual is deceased, the beneficiary or claimant for benefits under an insurance policy, a health services plan, or an employee welfare benefit plan as defined in 29 U.S.C. 1002(1), covering such protected individual;

(k) any person to whom disclosure is ordered by a court of competent jurisdiction pursuant to section twenty-seven hundred eighty-five of this article;

(l) an employee or agent of the division of parole, in accordance with paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, to the extent the employee or agent is authorized to access records containing such information in order to carry out the division's functions, powers and duties with respect to the protected individual, pursuant to section two hundred fifty-nine-a of the executive law;

(m) an employee or agent of the division of probation and correctional alternatives or any local probation department, in accordance with paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, to the extent the employee or agent is authorized to access records containing such information in order to carry out the division's or department's functions, powers and duties with respect to the protected individual, pursuant to articles twelve and twelve-A of the executive law;

(n) a medical director of a local correctional facility as defined in section forty of the correction law, in accordance with paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, to the extent the medical director is authorized to access records containing such information in order to carry out his or her functions, powers and duties with respect to the protected individual; or

(o) an employee or agent of the commission of correction, in accordance with paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, to the extent the employee or agent is authorized to access records containing such information in order to carry out the commission's functions, powers and duties with respect to the protected individual, pursuant to article three of the correction law.

(p) a law guardian, appointed to represent a minor pursuant to the social services law or the family court act, with respect to confidential HIV related information relating to the minor and for the purpose of representing the minor. If the minor has the capacity to consent, the law guardian may not redisclose confidential HIV related information without the minor's permission. If the minor lacks capacity to consent, the law guardian may redisclose confidential HIV related information for the sole purpose of representing the minor. This paragraph shall not limit a law guardian's ability to seek relief under section twenty-seven hundred eighty-five of this chapter.

2. A state, county or local health officer may disclose confidential HIV related information when:

(a) disclosure is specifically authorized or required by federal or state law; or

(b) disclosure is made pursuant to a release of confidential HIV related information; or

(c) disclosure is requested by a physician pursuant to subdivision four of this section; or

(d) disclosure is authorized by court order pursuant to the provisions of section twenty-seven hundred eighty-five of this article.

3. No person to whom confidential HIV related information has been disclosed pursuant to this article shall disclose the information to another person except as authorized by this article, provided, however, that the provisions of this subdivision shall not apply:

to the protected individual; or
to a natural person who is authorized pursuant to law to consent to health care for the protected individual; or

(c) to a protected individual's foster parent as defined in section three hundred seventy-one of the social services law and subject to regulations promulgated pursuant to paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, for the purpose of providing care, treatment or supervision of the protected individual; or

(d) a prospective adoptive parent as specified in section three hundred seventy-three-a of the social services law and subject to regulations promulgated pursuant to paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article with whom a child who is the protected individual has been placed for adoption; or

(e) to a relative or other person legally responsible to whom a child who is the protected individual is to be placed or discharged pursuant to section ten hundred seventeen or ten hundred fifty-five of the family court act and subject to regulations promulgated pursuant to paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article, for the purpose of providing care, treatment or supervision of the protected individual.

4. (a) A physician may disclose confidential HIV related information under the following conditions:

(1) disclosure is made to a contact, to a public health officer for the purpose of making the disclosure to said contact and pursuant to section twenty-one hundred thirty of this chapter; or

(2) the physician believes disclosure is medically appropriate and there is a significant risk of infection to the contact; and

(3) the physician has counseled the protected individual regarding the need to notify the contact; and

(4) the physician has informed the protected individual of his or her intent to make such disclosure to a contact, the physician's responsibility to report the infected individual's case pursuant to section twenty-one hundred thirty of this chapter and has given the protected individual the opportunity to express a preference as to whether disclosure should be made by the physician directly or to a public health officer for the purpose of said disclosure. If the protected individual expresses a preference for disclosure by a public health officer, the physician shall honor such preference.

(5) If a physician chooses to make a notification pursuant to this section, he or she shall report to the municipal health commissioner of district health officer on his or her efforts to notify the contacts of the protected individual. Such report shall be in a manner and on forms prescribed by the commissioner and shall include the identity of the protected individual and any contacts as well as information as to whether the contacts were successfully notified.

(6) Within a reasonable time of receiving a report that a physician or his or her designated agent did not notify or verify notification of contacts provided by the protected individual, the health commissioner or district health officer of the municipality from which the report originates shall take reasonable measures to notify such contacts and otherwise comply with the provisions of this chapter.

(b) When making such disclosures to the contact, the physician or public health officer shall provide or make referrals for the provision of the appropriate medical advice and counseling for coping with the emotional consequences of learning the information and for changing behavior to prevent transmission or contraction of HIV infection. The physician or public health officer shall not disclose the identity of the protected individual or the identity of any other contact. A physician or public health officer making a notification pursuant to this subdivision shall make such disclosure in person, except where circumstances reasonably prevent doing so.

(c) A physician or public health officer shall have no obligation to identify or locate any contact except as provided pursuant to title three of article twenty-one of this chapter.

(d) A physician may, upon the consent of a parent or guardian, disclose confidential HIV related information to a state, county, or local health officer for the purpose of reviewing the medical history of a child to determine the fitness of the child to attend school.

A physician may disclose confidential HIV related information pertaining to a protected individual to a person (known to the physician) authorized pursuant to law to consent to health care for a protected individual when the physician reasonably believes that:
disclosure is medically necessary in order to provide timely care and treatment for the protected individual; and
after appropriate counseling as to the need for such disclosure, the protected individual

will not inform a person authorized by law to consent to health care; provided, however, that the physician shall not make such disclosure if, in the judgment of the physician:

the disclosure would not be in the best interest of the protected individual; or
the protected individual is authorized pursuant to law to consent to such care and treatment. Any decision or action by a physician under this paragraph, and the basis therefore, shall be recorded in the protected individual's medical record.

5. (a) Whenever disclosure of confidential HIV related information is made pursuant to this article, except for disclosures made pursuant to paragraph (a) of subdivision one of this section or paragraph (a) or (e) of subdivision four of this section, such disclosure shall be accompanied or followed by a statement in writing which includes the following or substantially similar language: "This information has been disclosed to you from confidential records which are protected by state law. State law prohibits you from making any further disclosure of this information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of state law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is NOT sufficient authorization for further disclosure." An oral disclosure shall be accompanied or followed by such a notice within ten days.

(b) Except for disclosures made pursuant to paragraph (c) of subdivision one of this section, or to persons reviewing information or records in the ordinary course of ensuring that a health facility is in compliance with applicable quality of care standards or any other authorized program evaluation, program monitoring or service review, or to governmental agents requiring information necessary for payments to be made on behalf of patients or clients pursuant to contract or in accordance to law, a notation of all such disclosures shall be placed in the medical record of a protected individual, who shall be informed of such disclosures upon request; provided, however, that for disclosures made to insurance institutions such a notation need only be entered at the time the disclosure is first made.

6. (a) The provisions of this subdivision shall apply where a provider of a health or social service possesses confidential HIV related information relating to individuals who are recipients of the service, and a federal, state or local government agency supervises or monitors the provider or administers the program under which the service is provided.

(b) Confidential HIV related information relating to a recipient of such service may be disclosed in accordance with regulations promulgated pursuant to paragraph (a) of subdivision two of section twenty-seven hundred eighty-six of this article to an authorized employee or agent of such provider or government agency, when reasonably necessary for such supervision, monitoring, administration, or provision of such service. The term "authorized employee or agent", as used in this subdivision shall only include any employee or agent who would, in the ordinary course of business of the provider or government agency, have access to records relating to the care of, treatment of, or provision of a health or social service to the protected individual.

7. Nothing in this section shall limit a person's or agency's responsibility or authority to report, investigate, or redisclose, child protective and adult protective services information in accordance with title six of article six and titles one and two of article nine-B of the social services law, or to provide or monitor the provision of child and adult protective or preventive services.

8. Confidential HIV related information shall be recorded in the medical record of the protected individual. The provisions of this section shall not prohibit the listing of acquired immune deficiency syndrome, HIV related illness or HIV infection in a certificate of death, autopsy report or related documents prepared pursuant to article forty-one of this chapter or other applicable laws, ordinances, rules or regulations relating to the documentation of cause of death, nor shall this section be construed to modify any laws, ordinances, rules or regulations relative to access to death certificates, autopsy reports or such other related documents. Under no circumstances shall confidential HIV related information be disclosable pursuant to article six of the public officers’ law. Notwithstanding the foregoing, confidential HIV information obtained pursuant to section 390.15 of the criminal procedure law or section 347.1 of the family court act by either court order or consent of the protected individual shall not be recorded in the medical record of the protected individual unless he or she consents to the recording of such information in a written statement containing the relevant information specified in subdivision two of section two thousand seven hundred eighty-one of this article.

9. Confidential HIV related information shall be disclosed upon the request of the health care worker HIV/HBV advisory panel, established pursuant to article twenty-seven-DD of this chapter, to the panel or its designee only when reasonably necessary for the evaluation of a worker who has voluntarily sought the panel's review.

§ 2783. Penalties; immunities.

1. Any person who shall:

(a) perform, or permit or procure the performance of, an HIV related test in violation of section twenty-seven hundred eighty-one of this article; or

(b) disclose, or compel another person to disclose, or procure the disclosure of, confidential HIV related information in violation of section twenty-seven hundred eighty-two of this article; shall be subject to a civil penalty not to exceed five thousand dollars for each occurrence. Such penalty may be recovered in the same manner as the penalty provided in section twelve of this chapter.

2. Any person who willfully commits an act enumerated in subdivision one of this section shall be guilty of a misdemeanor and subject to the penalties provided in section twelve-b of this chapter.

3. There shall be no criminal sanction or civil liability on the part of, and no cause of action for damages shall arise against any physician, his or her employer, or a physician's designated agent, or health facility or health care provider with which the physician is associated, or public health officer, on account of:

(a) the failure to disclose confidential HIV related information to a contact or person authorized pursuant to law to consent to health care for a protected individual; or

(b) the disclosure of confidential HIV related information to a contact or person authorized pursuant to law to consent to health care for a protected individual, when carried out in compliance with this article; or

(c) the disclosure of confidential HIV related information to any person, agency, or officer authorized to receive such information, when carried out in good faith and without malice, and in compliance with the provisions of this article; or

(d) the municipal health commissioner or district health officer's failure to notify contacts pursuant to this chapter.

4. Any cause of action to recover damages based on a failure to provide information, explanations, or counseling prior to the execution of a written informed consent, or based on a lack of informed consent in the ordering or performance of an HIV related test in violation of this article shall be governed by the provisions of section two thousand eight hundred five-d of this chapter.

§ 2784. Applicability to insurance institutions and insurance support organizations. Except for disclosure to third party reimbursers and insurance institutions pursuant to paragraphs (i) and (j) of subdivision one of section twenty-seven hundred eighty-two of this article and except for disclosures pursuant to section twenty-seven hundred eighty-five of this article, the provisions of this article shall not apply to insurance institutions and insurance support organizations, except that health care providers associated with or under contract to a health maintenance organization or other medical services plan shall be subject to the provisions of this article.

§ 2785. Court authorization for disclosure of confidential HIV related information.

1. Notwithstanding any other provision of law, no court shall issue an order for the disclosure of confidential HIV related information, except a court of record of competent jurisdiction in accordance with the provisions of this section.

A court may grant an order for disclosure of confidential HIV related information upon an application showing:

(a) a compelling need for disclosure of the information for the adjudication of a criminal or civil proceeding;

(b) a clear and imminent danger to an individual whose life or health may unknowingly be at significant risk as a result of contact with the individual to whom the information pertains;

upon application of a state, county or local health officer, a clear and imminent danger to the public health; or
that the applicant is lawfully entitled to the disclosure and the disclosure is consistent with the provisions of this article.

3. Upon receiving an application for an order authorizing disclosure pursuant to this section, the court shall enter an order directing that all pleadings, papers, affidavits, judgments, orders of the court, briefs and memoranda of law which are part of the application or the decision thereon, be sealed and not made available to any person, except to the extent necessary to conduct any proceedings in connection with the determination of whether to grant or deny the application, including any appeal. Such an order shall further direct that all subsequent proceedings in connection with the application shall be conducted in camera, and, where appropriate to prevent the unauthorized disclosure of confidential HIV related information, that any pleadings, papers, affidavits, judgments, orders of the court, briefs and memoranda of law which are part of the application or the decision thereon not state the name of the individual concerning whom confidential HIV related information is sought.

4. (a) The individual concerning whom confidential HIV related information is sought and any person holding records concerning confidential HIV related information from whom disclosure is sought shall be given adequate notice of such application in a manner which will not disclose to any other person the identity of the individual, and shall be afforded an opportunity to file a written response to the application, or to appear in person for the limited purpose of providing evidence on the statutory criteria for the issuance of an order pursuant to this section.

(b) The court may grant an order without such notice and opportunity to be heard; where an ex parte application by a public health officer shows that a clear and imminent danger to an individual whose life or health may unknowingly be at risk requires an immediate order.

5. In assessing compelling need and clear and imminent danger, the court shall provide written findings of fact, including scientific or medical findings, citing specific evidence in the record which supports each finding, and shall weigh the need for disclosure against the privacy interest of the protected individual and the public interest which may be disserved by disclosure which deters future testing or treatment or which may lead to discrimination.

6. An order authorizing disclosure of confidential HIV related information shall:

(a) limit disclosure to that information which is necessary to fulfill the purpose for which the order is granted; and

(b) limit disclosure to those persons whose need for the information is the basis for the order, and specifically prohibit redisclosure by such persons to any other persons, whether or not they are parties to the action; and

(d) include such other measures as the court deems necessary to limit any disclosures not authorized by its order.

§ 2785-a. Court order for HIV related testing in certain cases.

1. Notwithstanding any contrary provision of law or regulation, a state, county or local public health officer to whom an order or a consent for an HIV test is addressed or sent, in accordance with section 390.15 of the criminal procedure law or section 347.1 of the family court act, must cause HIV related testing to be administered to the subject named therein and, if the test is pursuant to court order, must immediately provide to the court that issued the order a written report specifying the date on which such test was completed. Such report to the court shall not, however, disclose the results of such test. Such officer must disclose the results of the testing to the victim indicated in the order or consent and must also disclose the results to the person tested, unless the person tested has been asked to but declines to authorize such disclosure to himself or herself.

2. At the time of communicating the test results to the subject or the victim, such public health officer shall directly provide the victim and person tested with

counseling or referrals for counseling for the purposes specified in subdivision five of section two thousand seven hundred eighty-one of this article;
counseling with regard to HIV disease and HIV testing in accordance with law and consistent with subdivision five of section two thousand seven hundred eighty-one of this article; and
appropriate health care and support services, or referrals to such available services. If at the time of communicating the test results, the person tested is in the custody of the department of correctional services, division for youth, office of mental health or a local correctional institution, the counseling and services required by this subdivision may be provided by a public health officer associated with the county or facility within which the person tested is confined.

3. Unless inconsistent with this section, the provisions of this article regarding the confidentiality and disclosure of HIV related information shall apply to proceedings conducted pursuant to section 390.15 of the criminal procedure law or section 347.1 of the family court act.

§ 2786. Rules and regulations; forms; report.

1. The commissioner shall promulgate rules and regulations concerning implementation of this article for health facilities, health care providers and other persons to whom this article is applicable. The commissioner shall also develop forms to be used for informed consent for HIV related testing and for the release of confidential HIV related information and materials for pre-test counseling as required by subdivision three of section twenty-seven hundred eighty-one of this article, and for post-test counseling as required by subdivision five of section twenty-seven hundred eighty-one of this article. Persons, health facilities and health care providers may use forms for informed consent for HIV related testing, and for the release of confidential HIV related information other than those forms developed pursuant to this section, provided that the person, health facility or health care provider doing so receives prior authorization from the commissioner. All forms developed or authorized pursuant to this section shall be written in a clear and coherent manner using words with common, everyday meanings. The commissioner, in consultation with the AIDS institute advisory council, shall promulgate regulations to identify those circumstances which create a significant risk of contracting or transmitting HIV infection; provided, however, that such regulations shall not be determinative of any significant risk determined pursuant to paragraph (a) of subdivision four of section twenty-seven hundred eighty-two or section twenty-seven hundred eighty-five of this article.

(a) Each state agency authorized pursuant to this article to obtain confidential HIV related information shall, in consultation with the department of health, promulgate regulations:
to provide safequards to prevent discrimination, abuse or other adverse actions directed toward protected individuals;
to prohibit the disclosure of such information except in accordance with this article;
to seek to protect individuals in contact with the protected individual when such contact creates a significant risk of contracting or transmitting HIV infection through the exchange of body fluids, and
to establish criteria for determining when it is reasonably necessary for a provider of a health or social service or the state agency or a local government agency to have or to use confidential HIV related information for supervision, monitoring, investigation, or administration and for determining which employees and agents may, in the ordinary course of business of the agency or provider, be authorized to access confidential HIV related information pursuant to the provisions of paragraphs (l) and (m) of subdivision one and subdivision six of section twenty-seven hundred eighty-two of this article; and provided further that such regulations shall be promulgated by the chairperson of the commission of correction where disclosure is made pursuant to paragraphs (n) and (o) of subdivision one of section twenty-seven hundred eighty-two of this article.

(b) The department of health, in consultation with agencies referred to in paragraph (a) of this subdivision, shall submit a report to the legislature by December first, nineteen hundred eighty-nine, outlining the status and content of such regulations, their effect on the regulated facilities and the protected individuals served by them, the extent to which they conform with current medical and scientific knowledge on the transmissibility of HIV infection, and any recommendations for changes in said regulations.

§ 2787. Separability. If any section, clause or provision of this article shall be deemed by any court of competent jurisdiction to be unconstitutional or ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be valid and effective and no other section, clause or provision shall on account thereof be deemed invalid or ineffective.

Appendix B – HIPAA

The Federal Health Insurance Portability and Accountability Act

Confidentiality/Privacy Policy

The following privacy policy is adopted to ensure that AIDS Community Services of Western New York, Inc. (ACS) complies fully with all federal and state privacy protection laws and regulations. The policy reflects current required practices of the HIPAA law and will be amended as legal changes occur. Violations of any of these provisions may result in disciplinary action including termination of employment and possible referral for criminal prosecution.

The AIDS Association is classified as a hybrid entity and as such includes both the covered and non-covered activities of health care and other social and community services. ACS also falls under the required New York State Article 27-F law that relates to privacy and that is more stringent than the HIPAA regulations. Therefore, the AIDS Association will adhere to those provisions in Article 27-F that are not preempted by HIPAA.

Effective Date: April 14, 2003.

Expiration Date: This policy remains in effect until superseded or cancelled.

Assigning Privacy and Security Responsibilities

Specific individuals within the workforce are assigned the responsibility of implementing and maintaining the HIPAA Privacy and Security Rule’s requirements. These individuals will be provided sufficient resources and authority to fulfill their responsibilities. The following staff will have HIPAA compliance duties: VP/COO -Oversight, Associate VP of Human Resources-Privacy Officer, Personnel and Training, Director of Information Systems-Electronic Technology, VP of Health Services-Medical, Associate VP of Supportive Services-Mental Health and Case Management.

Uses and Disclosures of Personal Health Information (PHI)

Personal health information may not be used or disclosed except when at least one of the following conditions is true:

The individual who is the subject of the information has authorized, in writing, the use or disclosure.
The individual who is the subject of the information has received the Notice of Privacy Practices and acknowledged receipt of the Notice, thus allowing the use or disclosure for services or payment.
The individual who is the subject of the information agrees or does not object to the disclosure and the disclosure is to persons involved in the care of the individual.
The disclosure is to the individual who is the subject of the information or to funders or government oversight bodies for agency compliance-related purposes.
The use or disclosure is for one of the HIPAA “public purposes” (i.e. required by law, etc.).

Deceased Individuals

Privacy protections extend to information concerning deceased individuals.