17 hours ago · In some states, if you are HIV-positive and don’t tell your partner (s), you can be charged with a crime. Some health departments require healthcare providers to report the name of your sex and needle-sharing partner (s) if they know that information–even if you refuse to report that information yourself. Some states also have laws that ... >> Go To The Portal
If a doctor believes that someone with HIV is putting the life of another person in danger, the doctor may have the right to disclose information to the person in danger. This can only be as a last resort, and after telling the person with HIV that confidentiality will be broken.
Accordingly, HIV infection is not considered enough of a ‘very serious harm’ to justify a breach of patient confidentiality. The Court observed that the proceedings in this case were supported by well-intentioned doctors who had the interests of B at heart.
Confidentiality of HIV Test Results. The permission for release of information must specifically state that HIV-related information will be released, and must identify the party to whom it will be released. Significant penalties exist for individuals who violate these requirements. Exceptions exist for certain regulatory, law enforcement,...
Disclosing one's HIV status is still widely perceived as socially dangerous. Similarly, another great risk people living with HIV face is the inadvertent or improper disclosure of their status which can result in denial of employment, violence, and many other collateral consequences.
However, if the Court granted an order giving medical professionals the right to breach patient confidentiality where a patient has a sexually transmissible disease,that right would necessarily carry with it a responsibility for medical professionals in the future.
If you divulge a patient's HIV status, the patient could sue you for breach of physician-patient privilege, breach of confidential physician-patient relationship, invasion of privacy, and intentional or negligent infliction of emotional distress.
Thanks to California Senate Bill 239, as of January 1, 2017, it is no longer a felony for people who are HIV-positive to have unprotected sex and not disclose their status.
Doctors generally need a patient's written consent to disclose HIV-related information to employers and others requiring medical forms. These consent requirements are in HIPAA and many state laws, including New York's.
But does HIPAA provide special protections for highly sensitive health data, such as an HIV diagnosis or treatment? In short, no. The federal HIPAA law governs all protected health information (PHI) but doesn't afford special protections for PHI related to an HIV diagnosis or treatment.
Medical providers often can legally disclose a person's STD status in certain situations. For STD's other than HIV, a medical provider can tell hospital staff and anyone else that might be in danger of infection, such as the infected person's sexual partners.
Health information such as diagnoses, treatment information, medical test results, and prescription information are considered protected health information under HIPAA, as are national identification numbers and demographic information such as birth dates, gender, ethnicity, and contact and emergency contact ...
The HIPAA Exemption applies to use of identifiable health information when such use is regulated for any of three purposes under HIPAA: “research”; “health care operations”; or “public health activities and purposes.” Given that the Common Rule applies only to “research,” and that the HIPAA definition of “research” is ...
Confidentiality is central to the trust between patients and healthcare practitioners. If the therapeutic relationship is to be successful, patients must be confident that intimate details about their health and personal relationships go no further than the consultation room.The need for a confidential medical service is recognised as a public good.
The duty to maintain patient confidentiality is rooted in medical ethics, in common law and in law relating to contracts. The General Data Protection Regulation (GDPR) also imposes obligations in terms of the lawful processing of personal data. But the duty is not absolute.
In a recent case involving a patient with HIV infection, the courts in Ireland considered– for the first time in that jurisdiction – the concept of disclosure of a patient’s medical information against his wishes, to prevent serious harm to another person. 1.
However, if the Court granted an order giving medical professionals the right to breach patient confidentiality where a patient has a sexually transmissible disease,that right would necessarily carry with it a responsibility for medical professionals in the future.
As with all personal health information, patients' HIV test results should be available to health care providers only on a "need to know" basis. Usually this means that only providers directly involved in the patient's health care should seek information about HIV status.
Release of information related to testing or treatment for HIV can only be released with the written permission of the patient. The permission for release of information must specifically state that HIV-related information will be released, and must identify the party to whom it will be released.
If a patient asks that their GP or other healthcare professionals involved in their care are not informed about their HIV status, it is important to explain to them the importance of other clinicians being aware. It means they can take this into account when treating the patient for other conditions that may or may not be related to their HIV infection. Other healthcare professionals will need to be alert to any complications that could arise so they are picked up early and what medication the patient is taking.
According to the Terrence Higgins Trust, there were just over 100,000 people living with HIV in the UK in 2018. This included around 7500 people who were HIV positive but not yet diagnosed.
Patients come to see their doctor in the expectation that what they say will be kept confidential and trust is essential to the doctor-patient relationship. Doctors have an ethical and legal duty to protect patient’s personal information ( GMC: Confidentiality: good practice in handling patient information, paragraph 2) and generally, a patient’s consent should be sought before information is disclosed about them.