do i report my patient has hiv

All 50 states and the District of Columbia require health-care providers to report new cases of acquired immunodeficiency syndrome (AIDS) to their state health departments. As of July 1989, 28 (56%) states also required reporting of persons infected with human immunodeficiency virus (HIV) (Figure 1).

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Is HIV mandatory reporting?

This includes duty to warn, protect, and treat laws as well as those relevant to reporting HIV. Some states do not all require the reporting of HIV or AIDS status by licensed psychotherapists (e.g. Wisconsin) while other states require the reporting of it (e.g. Washington). So, knowledge of the relevant laws in one’s jurisdiction is essential.

Is HIV a reportable disease?

HIV stigma, racism, discrimination, and high rates of sexually transmitted diseases,” the authors added. They also noted 4 major limitations of the report that may underestimate the real number of HIV cases included in the report: HIV may not have been ...

What state has the most HIV cases?

• In 2019, Blacks/African Americans represented 13% of the U.S. population but accounted for 44% of new HIV diagnoses.
• In 2019, Hispanics/Latinx represented 18% of the U.S. ...
• From 2015-2019, the number of HIV diagnoses decreased among Black/African American, white, and Asian persons, and persons of multiple races. ...

What are the three stages of HIV?

• The first stage of HIV is called acute HIV and causes flu-like symptoms like fever, chills, and fatigue.
• During stage two of HIV, symptoms subside and you may even start to feel better.
• In the last stage of HIV, called AIDS, the immune system becomes severely damaged and the body has trouble defending itself against infections.

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Do HIV cases have to be reported?

All 50 states and the District of Columbia require health-care providers to report new cases of acquired immunodeficiency syndrome (AIDS) to their state health departments. As of July 1989, 28 (56%) states also required reporting of persons infected with human immunodeficiency virus (HIV) (Figure 1).

Do doctors have to tell patients they have HIV?

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.

What is the reporting protocol for HIV?

ACUTE HIV INFECTION REPORTING Labs and health care providers may call (213) 351-8516 to report a case of acute HIV infection. California law (17 CCR §2505) requires laboratories to report positive tests for syphilis, gonorrhea, chlamydia trachomatis infections, including lymphogranuloma venereum.

When should HIV be reported?

A provider should inform their patients that they will be reported to the DOH at the time of their first detectable viral load or CD4 < 500 test conducted after June 1, 2000.

What is the responsibility of reporting HIV?

In 21 (75%) states, reporting is the responsibility of both the physician caring for the patient and the laboratory that tested the patient's blood for HIV antibody. In five (18%) states, reporting is the physician's responsibility alone, and in two (7%) states, it is the flaboratory's responsibility alone. Twenty (71%) states require a positive result on a supplemental test (Western blot or immunofluorescence assay) in addition to a repeatedly reactive enzyme immunoassay (EIA) before a patient is reported; three (11%) states will accept reports on patients repeatedly reactive on EIA; five (18%) states will accept reports on patients reactive on an initial EIA. All states, however, recommend supplemental testing before patient follow-up or initiation of partner notification procedures.

Why is HIV reporting important?

Editorial Note: HIV infection reports are useful in directing HIV-related prevention activities such as patient counseling, partner notification, and referral for appropriate medical management (e.g., evaluation for prophylaxis against Pneumocystis carinii pneumonia (2)). Reporting of HIV-infected persons may enable earlier recognition of persons with or at risk for HIV infection and earlier interventions to prevent further spread of HIV. Recent guidelines for initiation of therapy in some HIV-infected persons emphasize the need for identifying persons who need treatment before the diagnosis of AIDS is made (2). HIV infection reports are also useful for guiding pediatric medical and social support programs, including programs for infants whose infection status may remain undetermined until they are greater than or equal to 15 months of age (3). Prevention activities and medical management of patients can be carried out without requiring HIV infection reporting (4), but a reporting system can provide a framework for maintaining these activities.

What are the factors that influence HIV testing?

Testing and reporting may be influenced by factors other than the incidence and prevalence of AIDS, e.g., public awareness of risk factors, confidentiality concerns, and testing accessibility. While HIV infection reports complement other HIV/AIDS studies of HIV infection in a community (5,6), AIDS surveillance and the HIV family of surveys (7) ...

How many states have HIV?

The 28 states that require HIV infection reporting account for 45% of the U.S. population and 24% of U.S. AIDS cases reported as of June 30, 1989. States with HIV infection reporting had a lower median cumulative incidence of AIDS (388 AIDS cases per state or 14 cases per 100,000 population) than states without reporting (1244 AIDS cases per state or 31 cases per 100,000 population). Thirteen (46%) states with HIV infection reporting had greater than 500 cumulative AIDS cases, compared with 14 (64%) states without reporting.

How many states require AIDS reporting?

All 50 states and the District of Columbia require health-care providers to report new cases of acquired immunodeficiency syndrome (AIDS) to their state health departments. As of July 1989, 28 (56%) states also required reporting of persons infected with human immunodeficiency virus (HIV) (Figure 1). In addition, 10 states (as of May 1989) have proposals on reporting currently before their legislatures, governors, or voting constituencies.

Do you have to have a name on a HIV test?

Eighteen (64%) of the 28 states require HIV reporting by patient's name (Figure 1); however, under certain circumstances, 10 of the 18 states permit anonymous testing and therefore do not receive names on some reports.

What happens if you test positive for HIV?

If your HIV test is positive, the clinic or other testing site will report the results to your state health department. They do this so that public health officials can monitor what’s happening with the HIV epidemic in your city and state. (It’s important for them to know this, because Federal and state funding for HIV services is often targeted ...

What agency is responsible for removing personal information from a test?

Your state health department will then remove all of your personal information (name, address, etc.) from your test results and send the information to the U.S. Centers for Disease Control and Prevention (CDC). CDC is the Federal agency responsible for tracking national public health trends.

What is the duty to warn in a clinic?

Some states also have laws that require clinic staff to notify a “third party” if they know that person has a significant risk for exposure to HIV from a patient the staff member knows is infected with HIV. This is called “duty to warn.”.

Do you have to tell your partner if you test positive for HIV?

Many states and some cities have partner-notification laws—meaning that, if you test positive for HIV, you (or your healthcare provider) may be legally obligated to tell your sex or needle-sharing partner (s).

What are the rights and responsibilities of health insurance plans with regard to HIV reporting?

What are the rights and responsibilities of health insurance plans with regard to HIV reporting? The new law requires diagnostic medical providers and laboratories to report HIV, HIV-related illness and AIDS. Medical providers, not health insurance plans, practice medicine. Consequently, insurance plans have no responsibility to report.

Who is responsible for HIV testing?

In an HIV counseling and testing setting, is the counselor responsible for HIV reporting? No. The physician, under whose license the testing is being ordered, is responsible to report. The counselor is acting as the physician's agent.

How will HIV infected inmates access PN assistance services in state prisons?

How will HIV infected inmates access PN assistance services in state prisons? All inmates found to be HIV infected will be offered access to PN assistance services. This access will be offered whether the inmate tested with DOCS Medical Services, the AIDS Institute Counseling and Testing Program, or with a community-based organization that is part of the Criminal Justice Initiative sponsored by the AIDS Institute.

What is the penalty for misuse of HIV information possessed by insurance companies?

What is the penalty for misuse of HIV information possessed by insurance companies? Violation of Public Health Law (PHL) Article 27-F may result in a $5,000 fine and possible one year in prison, but only certain parts of Article 27-F cover insurance companies (see PHL 2784). The insurance law governs insurers, except for health maintenance organizations (HMOs) which are explicitly governed by PHL Article 27-F.

What is HIV infection?

For the purpose of this legislation, HIV infection is defined as infection with the human immunodeficiency viruses that are the cause of AIDS or as the term may be defined from time to time by the Centers for Disease Control and Prevention of the United States Public Health Service.

Why is the determination of risk of domestic violence (DV) falling solely in the hands of the public health staff?

Why is the determination of risk of domestic violence (DV) falling solely in the hands of the public health staff? The determination of risk of DV should be made by the medical provider ( or his/her designee) providing the HIV post-test counseling and DV screening. Public health staff will rely on the determination of risk of DV made by the medical provider, based on the DV screening conducted with the client. Public health staff will conduct the DV screen before proceeding with PN if the provider has not conducted the screening. The regulations require the responsible public health official to consider whether or not partner notification should proceed. The public health officer will make such decisions in consultation with the responsible physician, and when possible, with the infected individual and the domestic violence service provider (when a signed release is present). This decision involves balancing the potential risks of domestic violence with the benefits of partner notification.

How are CD4s and viral loads supposed to be reported?

How are CD4s and viral loads supposed to be reported? The regulations specifically require laboratories to report positive viral load tests or CD4<500 results (in addition to confirmed HIV positive antibody test results). These two types of test results define "HIV-related illness" for the purpose of reporting. To alleviate the burden of reporting such tests by providers, the Department will rely on reporting from laboratories for HIV-related illness.

Why is it important to disclose your HIV status?

It's important to disclose your HIV status to your sex partner (s) and anyone you shared needles with, even if you are not comfortable doing it. Communicating with each other about your HIV status means you can take steps to keep both of you healthy.

What do you need to know about HIV?

Health Care Providers. Your health care providers (doctors, clinical workers, dentists, etc.) have to know about your HIV status in order to be able to give you the best possible care. It's also important that healthcare providers know your HIV status so that they don't prescribe medication for you that may be harmful when taken with your HIV ...

What is the stop HIV campaign?

If you're nervous about disclosing your test result, or you have been threatened or injured by a partner, you can ask your doctor or the local health department to help you tell your partner (s) that they might have been exposed to HIV. This type of assistance is called partner notification or partner services.

Can HIV test results be released?

Your HIV test result will become part of your medical records so that your doctor or other healthcare providers can give you the best care possible. All medical information, including HIV test results, falls under strict confidentiality laws such as the Health Insurance Portability and Accountability Act's (HIPAA) Privacy Rule and cannot be released without your permission. There are some limited exceptions to confidentiality. These come into play only when not disclosing the information could result in harm to the other person.

Do you have to disclose your HIV status?

Some states require you to disclose your HIV-positive status before you receive any health care services from a physician or dentist. For this reason, it's important to discuss the laws in your state about disclosure in medical settings with the healthcare provider who gave you your HIV test results. Your HIV test result will become part of your ...

Can an employer discriminate against you for HIV?

All people with HIV are covered under the Americans with Disabilities Act. This means that your employer cannot discriminate against you because of your HIV status as long as you can do your job. To learn more, see the Department of Justice's ADA.gov/HIV website.

Can an employer know if you have HIV?

Employers. In most cases, your employer will not know your HIV status unless you tell them. But your employer does have a right to ask if you have any health conditions that would affect your ability to do your job or pose a serious risk to others.

What does the health department do for HIV?

Health department staff tell your current and former partners that they may have been exposed to HIV. The health department will provide your partners with testing, counseling, and referrals for other services. Partner Services programs are available through health departments and some medical offices and clinics.

Who can help you with HIV?

Your family and friends can help you deal with an HIV diagnosis.

Do I have to share my HIV status?

Am I legally required to share my HIV status with others? In some states, there are laws. external icon. that require you to share your HIV status with your sex or injection partners. Sharing your status with anyone else is your choice.

Do you have to tell your employer about your job?

You do not have to tell your employer.

Can you tell your partner you have HIV?

Sex or Injection Partners. Telling your partners that you have HIV before you have sex or inject drugs may be uncomfortable. But doing so protects you under the law. It also allows your partners to make decisions that can protect their health.

How many states require HIV disclosure?

In 21 states, laws require people with HIV who are aware of their status to disclose their status to sex partners, and 12 states require disclosure to needle-sharing partners. The maximum sentence length for violating an HIV-specific statute is also a matter of state law.

How long can you be in prison for HIV?

Some states have a maximum sentence length up to life in prison, while others have maximum sentence lengths that are less than 10 years. However, only 9 states have laws that account for HIV prevention measures that reduce transmission risk, such as condom use, and antiretroviral therapy (ART).

Why did many states implement HIV-specific criminal exposure laws?

During the early years of the HIV epidemic, many states implemented HIV-specific criminal exposure laws to discourage behavior that might lead to transmission, promote safer sex practices, and, in some cases, receive funds to support HIV prevention activities.

Which states have modernized their HIV laws?

Since 2014, at least nine states have modernized or repealed their HIV criminal laws: California, Colorado, Illinois, Iowa, Michigan, Missouri, Nevada, North Carolina, and Virginia. Changes include removing HIV prevention issues from the criminal code and including them under disease control regulations, requiring intent to transmit, actual HIV transmission, or providing defenses for taking measures to prevent transmission such as viral suppression or being noninfectious, condom use, and partner PrEP use.

Do states have HIV laws?

For this analysis, only HIV-specific laws are captured for states with both HIV-specific laws and STD/communicable/infectious disease laws. Only HIV or STD/communicable/infectious disease laws are captured for states with both HIV or STD/communicable/infectious ...

Is the information presented here legal advice?

The information presented here does not constitute legal advice and does not represent the legal views of the Centers for Disease Control and Prevention or the Department of Health and Human Services, nor is it a comprehensive analysis of all legal provisions relevant to HIV. This information is subject to change and does not contain measures implemented by counties, cities, or other localities. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.

Is HIV a criminal offense?

Criminalization of potential HIV exposure is largely a matter of state law, with some Federal legislation addressing criminalization in discrete areas, such as blood donation and prostitution. These laws vary as to what behaviors are criminalized or what behaviors result in additional penalties.

What does it mean when you are diagnosed with HIV?

Newly Diagnosed with HIV. Español (Spanish) minus. Related Pages. What does an HIV diagnosis mean? If you receive an HIV diagnosis, it means that you have HIV. Unlike some other viruses, the human body can’t get rid of HIV completely. Once you have HIV, you have it for life. But with proper medical care, HIV can be controlled.

How to treat HIV?

Start HIV Treatment As Soon As Possible After Diagnosis. Get in care and take medicine to treat HIV (called antiretroviral therapy or ART). Taking HIV medicine can reduce the amount of HIV in the blood (called viral load ). HIV medicine can make the viral load very low (called viral suppression ).

How long does it take to get HIV under control?

Most people can get the virus under control within six months. Learn more about the benefits of HIV treatment. If playback doesn't begin shortly, try restarting your device.

How does HIV affect you?

Receiving an HIV diagnosis can be life changing. You may feel many emotions—sadness, hopelessness, or anger. Allied health care providers and social service providers can help you work through the early stages of your diagnosis. They are often available at your health care provider’s office.

Who manages HIV?

If you have a primary health care provider , that person may have the knowledge to treat your HIV. A primary health care provider is someone who manages your regular medical care and annual tests.

Can you live with HIV?

Once you have HIV, you have it for life. But with proper medical care, HIV can be controlled. People with HIV who get effective HIV treatment can live long, healthy lives and protect their partners.

How do you tell your employer that you are living with HIV?

You should be in control of the disclosure process . This means that you get to decide when, where, how and to whom you will disclose. You may choose to share information about your health shortly after receiving an offer of employment in order to ensure that reasonable adjustments can be made. Alternatively, you may choose to talk about it after being in a job for some time or if your circumstances change (such as a change in medication or needing more time off work due to illness).

How to make a complaint about HIV?

If this does not resolve the issue, you may choose to make a formal complaint. The National AIDS Trust have advice and information on their website about the rights of people living with HIV. If you need help writing the complaint, ask your local HIV support service for support. You can also contact the Advisory, Conciliation and Arbitration Service (Acas) or the Equality Advisory Support Service (EASS) to get advice and explore ways of settling the dispute.

What are your rights as a person living with HIV?

Your employer should only treat you differently when it comes to ensuring that reasonable adjustments are made, but not in a manner that is discriminatory or unfairly biased.

How does HIV spread?

You will need to take an excessive amount of time off work to manage your HIV. HIV can be spread through sharing items such as utensils. HIV can be spread through cuts, bites and so forth.

Why do people not talk about HIV?

However, many individuals do not talk about having HIV because they feel that it is a private matter, or that it does not have an impact on their working life. Fear of poor treatment at work or of breaches of confidentiality are also important reasons why people choose not to share their status in the workplace.

Why is it important to share health information with your employer?

Other possible advantages of sharing information about your health with your employer could include accounting for periods of sickness or temporary poor work performance.

Do employers have to tell employees they have HIV?

Employers are obliged to maintain the confidentiality of employees’ health information. Making the decision whether or not to tell your employer you are living with HIV can be a difficult one. While many employers will be understanding and willing to make accommodations, you may still encounter stigma and discrimination in the workplace.