florida law for sharing hiv results via patient portal

by Dr. Earline Mosciski 10 min read

The 2021 Florida Statutes - Florida Legislature

2 hours ago Feb 01, 2022 · (c) “HIV test result” means a laboratory report of a human immunodeficiency virus test result entered into a medical record on or after July 6, 1988, or any report or notation in a medical record of a laboratory report of a human immunodeficiency virus test. The term does not include test results reported to a health care provider by a patient. >> Go To The Portal


Test results are automatically released to patients within one day, except for HIV screening results. In this case, patients are notified that lab results are available via the portal, but they must speak with a provider to receive the results. Providing proxy access for family members or other caregivers.

Full Answer

Can a test subject release HIV test results in Florida?

Feb 01, 2022 · (c) “HIV test result” means a laboratory report of a human immunodeficiency virus test result entered into a medical record on or after July 6, 1988, or any report or notation in a medical record of a laboratory report of a human immunodeficiency virus test. The term does not include test results reported to a health care provider by a patient.

What is the Florida Department of health doing for HIV/AIDS?

(b) “HIV test result” means a laboratory report of a human immunodeficiency virus test result entered into a medical record on or after July 6, 1988, or any report or notation in a medical record of a laboratory report of a human immunodeficiency virus test. As used in this section, the term “HIV test result” does not include test results reported to a health care provider by a patient.

Does Florida law require informed consent for HIV treatment?

FLORIDA'S OMNIBUS AIDS ACT: A BRIEF LEGAL GUIDE . FOR . HEALTH CARE PROFESSIONALS . Originated by . JACK P. HARTOG, Esq. Gray Robinson, Attorneys at Law . jhartog@gray-robinson.com . August 2013 . Florida Department of Health . Division of Disease Control and Health Protection . Bureau of Communicable Diseases . HIV/AIDS and Hepatitis Section

How many new HIV cases are there in Florida?

The HIV diagnosis rate per 100,000 population decreased from 22.7 in 2018 to 21.6 in 2019. The diagnosis rate per 100,000 among Black persons decreased from 57.8 in 2018 to 53.2 in 2019. The diagnosis rate per 100,000 among Hispanic/Latino individuals decreased from 29.7 in 2018 to 29.2 in 2019. The Florida Department of Health has identified ...

Can HIV results be given over the phone in Florida?

Test results must be provided face-to-face (not delivered by telephone or mail), with simultaneous post-test counseling (which must be client centered) about the meaning of the results, any further testing, measures for preventing transmission of HIV, location and availability of health care, social and support ...

What is a permitted disclosure of HIV test information under Florida law?

The test subject may in writing authorize the disclosure of the test subject's HIV test results to third party payors, who need not be specifically identified, and to other persons to whom the test subject subsequently issues a general release of medical information.

Does Florida law require healthcare providers to obtain explicit informed consent before performing an HIV test?

Minors under the age of 18 do not need parental consent for HIV and STD testing. Florida law specifically forbids informing the parents of the minor's HIV test, results, or treatment, even indirectly (FDOH, 2013).

Can HIV results be shared?

The results will go in your medical record and may be shared with your health care providers and your health insurance company. Otherwise, the results are protected by state and federal privacy laws, and they can be released only with your permission.

Does Florida have a partner notification law?

Failure to notify a sexual partner of your HIV-positive status is still a criminal offense that can result in a lifetime of being listed on Florida's sex offender registry.Nov 16, 2017

What is the definition of exposure to blood?

Exposure to blood or body fluids through needlestick, instruments, or sharps; 2. Exposure of mucous membranes to visible blood or body fluids, to which universal precautions apply according to the National Centers for Disease Control and Prevention, including , without limitations, the following body fluids: a. Blood.

What is a health department?

The department, in accordance with rules for reporting and controlling the spread of disease, as otherwise provided by state law. 6. A health facility or health care provider which procures, processes, distributes, or uses: a.

When was the AIDS Act passed in Florida?

This pamphlet was first issued in 1990 after the Florida Legislature amended its 1988 comprehensive legislation, commonly referred to as the "Omnibus AIDS Act" (now codified principally at §381.004, F.S.). This law addresses the many ways human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) affect the public health and welfare, comprehensively creating numerous programs and establishing various requirements for state agencies and health care providers.

What is the Omnibus AIDS Act?

The Omnibus AIDS Act has undergone several significant changes since its passage in 1988: requiring HIV infection reporting; "streamlining" HIV testing by eliminating mandatory counseling in most settings; providing for “rapid” HIV tests; and requiring “opt out” testing for pregnant women. For the most part, however, these changes have "fine-tuned" the Act, leaving its basic structure intact. More changes to Florida's HIV/AIDS laws will occur as scientific knowledge, medical diagnosis and treatment and public perceptions evolve.

Is a HIV test a confidential record in Florida?

While all patient records are confidential under Florida and federal laws, Florida's Omnibus AIDS Act makes HIV test results "superconfidential" — health care providers who know a test subject's HIV test result have additional obligations to the test subject to protect against further disclosure of records with such information.

How to contact Florida AIDS hotline?

You can also learn more about HIV medical and support services in your area by c ontacting the Florida AIDS Hotline. In English: 1-800-FLA-AIDS or 1-800-352-2437. En Espanol: 1-800-545-SIDA. In Creole: 1-800-AIDS-101. And you can visit KnowYourHIVStatus.com to learn more about living well with HIV.

What is the Florida Department of Health's goal?

The Florida Department of Health has identified reducing transmission of HIV as one of its seven priority goals. To achieve this goal, Florida has adopt ed a comprehensive strategic approach to prevent HIV transmission and strengthen patient care activities.

What are the guidelines for HIV treatment?

In January 2016, the U.S. Department of Health and Human Services updated the HIV Treatment Guidelines to recommend that antiretroviral therapy be initiated as soon as possible, regardless of CD4 T-cell count or HIV viral load.#N#Persons with HIV who stay in care and take antiretroviral medications every day to suppress HIV (<200 copies/mL) have effectively no risk of sexually transmitting the virus to an HIV-negative partner.#N#The Test & Treat program helps newly diagnosed people or those returning to care by providing: 1 Immediate linkage to a clinician who can provide:#N#Access to antiretroviral medications#N#Medical assessments#N#Education on HIV and HIV management 2 Linkage to case management to help with accessing community resources

What is WIC nutrition?

WIC is a federally funded nutrition program for Women, Infants, and Children. WIC provides the following at no cost: healthy foods, nutrition education and counseling, breastfeeding support, and referrals for health care. Learn More About WIC. Disability and Health Program.

What is the DHP program?

Disability and Health Program. The Disability and Health Program (DHP) is funded by a three-year grant from the Centers for Disease Control and Prevention (CDC). The goals of the program are to include Floridians of all ages with disabilities in all of the Department of Health's programs and activities for health promotion, disease prevention, ...

Is there a cure for HIV?

HIV is a life-threatening virus that attacks the body's immune system and leaves a person vulnerable to opportunistic infections. Because there is no cure, reducing the transmission of HIV while minimizing its effect on those living with HIV is critical. In 2019, Florida identified 4,584 new HIV diagnoses.

What is a PEP and a PEP?

PrEP is a preventative tool for people at risk of acquiring HIV. PEP is a stopgap measure for people who have had a potential HIV exposure.

What is the law in Florida regarding health care?

Florida law requires that your health care provider or health care facility recognize your rights while you are receiving medical care and that you respect the health care provider’s or health care facility’s right to expect certain behavior on the part of patients.

What are the rights and responsibilities of a patient?

A summary of your rights and responsibilities follows: A patient has the right to be treated with courtesy and respect, with appreciation of his or her individual dignity, and with protection of his or her need for privacy. A patient has the right to a prompt and reasonable response to questions and requests.

Who has the right to express grievances?

A patient has the right to express grievances to a health care provider, a health care facility, or the appropriate state licensing agency regarding alleged violations of patients’ rights. A patient has the right to know the health care provider’s or health care facility’s procedures for expressing a grievance. 7.

What is the dignity of a patient?

1. The individual dignity of a patient must be respected at all times and upon all occasions. 2. Every patient who is provided health care services retains certain rights to privacy, which must be respected without regard to the patient’s economic status or source of payment for his or her care.

What is the right of a patient to refuse treatment?

A patient has the right to refuse any treatment based on information required by this paragraph, except as otherwise provided by law. The responsible provider shall document any such refusal. 5. A patient in a health care facility has the right to know what facility rules and regulations apply to patient conduct. 6.

What is a patient responsible for?

A patient is responsible for keeping appointments and, when he or she is unable to do so for any reason, for notifying the health care provider or health care facility.

What is the intent of the Legislature?

It is the intent of the Legislature that patients have a general understanding of their responsibilities toward health care providers and health care facilities. It is the intent of the Legislature that the provision of such information to a patient eliminate potential misunderstandings between patients and health care providers.

What is the HIV load?

HIV viral load measurements indicate the number of copies of the HIV that are in a milliliter of a person’s blood. HIV medicine, when taken as prescribed, reduces the amount of HIV in the body (viral load) to a very low level, which keeps the immune system working and prevents illness. This is called viral suppression.

What is the function of CD4 in HIV?

CD4 is a protein found on the surface of some white blood cells. Measuring white blood cells with CD4 (CD4 cell counts) provides a measure of a person’s immune function. Among people with HIV, CD4 counts are often used ...

What is CD4 used for?

Among people with HIV, CD4 counts are often used to monitor disease progression and determine the stage of HIV infection. Current HIV clinical management guidelines recommend CD4 and viral load testing at the time of diagnosis and regularly thereafter.

What is molecular data used for?

HIV molecular data can also be used to identify drug resistance trends on the population level and can be used to identify a growing cluster of infections (i.e., an area or group of individuals) in which transmission is rapidly occurring.

How many states have laws against HIV?

At least 35 states have criminal laws that punish HIV-positive people for exposing others to the virus, even if they take precautions such as using a condom. Below is a summary each state’s laws. Supporters of these laws say they deter people from spreading the virus and set a standard for disclosure and precautions in an ongoing epidemic.

What is the Florida Department of Health?

The Florida Department of Health is monitoring the national HIV conversation to determine the impactof these laws on HIV stigma and discrimination. The Department has guidelines for providing services to persons with HIV which enable the Department to fulfill its responsibility to protect the public's health.

What is CDPH in California?

CDPH protects the public health of Californians while following state and federal laws and regulations. CDC regulations and federal law do not allow CDPH to provide a statement regarding the impact of California Health and Safety Code or Penal Code on HIV-positive individuals. Ken August. Risk Communication Chief.

What is a third degree felony?

Third Degree Felony. Any person who knows he or she has HIV and has been informed that by donating blood, organs or human tissues he or she may communicate HIV to another person and with this knowledge donates blood, organs, plasma, skin or human tissue is guilty of a felony of the third degree.

What is a class 6 felony?

Class 6 Felony. Any person who donates or sells, attempts to donate or sell, or consents to the donation or sale of blood, other body fluids, organs or tissues, knowing that the donor is or was infected with HIV and having been instructed that such material may transmit HIV infection, is guilty of a class 6 felony.

What is sentence enhancement?

Sentence Enhancement. A person diagnosed with HIV who fails to comply with a written order of a health authority, or who engages in behavior through which the disease may be spread to others, is subject to confinement by order of a court, in addition to any other penalty imposed pursuant to state statute.