is a patient consent required to report hiv/aids

This clause authorizes providers to report HIV/AIDS cases to the HIV Epidemiology Program without obtaining patient consent and it authorizes health department personnel to review medical records and any other source of information needed to report the case.

Full Answer

Is written consent required for HIV testing?

Separate written consent for HIV testing is not recommended. General informed consent for medical care that notifies the patient that an HIV test will be performed unless the patient declines (opt-out screening) should be considered sufficient to encompass informed consent for HIV testing.

Do HIV counselors need to report?

An HIV counselor can be designated by the physician who ordered the test to complete and submit the report form, but the form must be signed by the physician. Non-clinical staff do not report. How about social workers? Psychologists? And other licensed professionals?

Are HIV status and reporting requirements a legal issue related to confidentiality?

Virtual Mentor. 2005;7 (10):687-692. doi: 10.1001/virtualmentor.2005.7.10.hlaw1-0510. HIV status and reporting requirements raise legal issues related to patient confidentiality. Legal protection of patient privacy and confidentiality depends on whether or not public health concerns outweigh the interest in preserving the doctor-patient privilege.

Do source patients have to report HIV tests to the DOH?

Concern relates to possible reluctance to be HIV tested by source patients who will be informed that a positive HIV test must be reported to the DOH. The regulations do not provide any exceptions to HIV reporting in the case of an occupational bloodborne pathogen exposure.

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).

What is informed consent for HIV?

Informed consent for testing means that the person being tested understands HIV testing procedures, the reasons for testing and is able to assess the personal implications of testing before deciding whether to be tested.

Do doctors have to disclose their HIV 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.

Is HIV protected under HIPAA?

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.

Is informed consent required?

Informed consent is required for any investigation or treatment proposed to a patient. Understanding of the nature of procedure, benefits and risks are the cornerstones of informed consent. While autonomy is one of the four main ethical principles, I argue that there is no absolute right to autonomy or consent.

Can the client's blood be tested for communicable diseases if the client does not give consent?

What if a known source person refuses to be tested? The rules state that a source person may be tested with or without consent, so long as the test can be done with safety to the source person and the health care provider. In practice, providers should proceed with care if a source person refuses.

Which of the following legally have permission to access a patient's personal health information?

With limited exceptions, the HIPAA Privacy Rule (the Privacy Rule) provides individuals with a legal, enforceable right to see and receive copies upon request of the information in their medical and other health records maintained by their health care providers and health plans.

What patient information is protected by HIPAA?

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 ...

What is the purpose of the NCHHSTP report?

The purpose of this report is to help public health agencies and others understand and interpret their responsibilities under the Privacy Rule.

What is a loc map for HIV testing?

HIV Diagnostic Tests LOINC Map#N#excel icon#N#[XLS – 254 KB]#N#To increase semantic interoperability for HIV laboratory reporting, the Division of HIV/AIDS Prevention, HIV Incidence and Case Surveillance Branch at CDC participated in a pilot project to develop a LOINC map for all FDA-approved HIV diagnostic tests. The standardized mapping was developed in coordination with Association of Public Health Laboratories, the Regenstrief Institute, Inc., and the Division of Laboratory Systems at CDC. The benefits of the LOINC map is in providing a concise document that defines LOINC codes for use with specific tests.#N#Intended Audience: Diagnostic laboratory personnel, public health surveillance personnel and in vitro diagnostic developers.

What is a general medical consent form?

The general medical consent form must give the patient an opportunity to refuse HIV testing (that is, an opportunity to opt out of being tested for HIV). For examples of acceptable language and model forms, see below or visit New York State Department of Health.

What happens if you test positive for HIV?

If you test positive, you can get treatment for HIV/AIDS to help you stay healthy and live longer. HIV, the virus that causes AIDS, can be spread through unprotected sex, sharing needles, childbirth or by breastfeeding. People living with HIV/AIDS can use safe practices to protect others from becoming infected.

Is HIV testing voluntary?

By law, health care providers must offer an HIV test to all patients aged 13-64. Testing is voluntary and all HIV test results are confidential (privat e). Anonymous HIV testing (without giving your name) is available at certain public testing sites. You may withdraw your consent at any time-either verbally or in writing.

Is written consent required in correctional facilities?

Documented oral consent. Written consent is no longer required, except in correctional facilities. Providers must document oral notification in the patient’s medical record. In non-medical settings, note the conversation in the program’s testing documentation for each client.

Can people with HIV/AIDS use safe practices?

People living with HIV/AIDS can use safe practices to protect others from becoming infected. See What You Need to Know About an HIV Test (PDF): A brochure you can give your patients that covers all required pre-test information.

Can you use a consent form for HIV testing in New York?

Providers or agencies unable to use documented oral or general medical consent can use HIV testing consent forms created by The New York State Health Department in multiple languages. For copies of these forms, visit New York State Department of Health.

What is HIV testing?

In the United States, HIV testing is governed by a range of federal and state laws, common law principles, constitutional provisions, and various codes of ethics. State laws vary widely in the degree of protection provided. The concept of informed consent, achieved through the process of physician-patient ...

What is informed consent?

Informed consent is characterized by a process of communication between a patient and physician that results in the patient's authorization or agreement to undergo a specific medical intervention.

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 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.”.

What is Ryan White's duty to warn?

The Ryan White HIV/AIDS Program requires that health departments receiving money from the Ryan White program show “good faith” efforts to notify the marriage partners of a patient with HIV.

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.

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).

Who can order a HIV test?

Only physicians, nurse practitioners, physician assistants and nurse mid-wives are authorized to order an HIV test. These individuals are required to report. An HIV counselor can be designated by the physician who ordered the test to complete and submit the report form, but the form must be signed by the physician.

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.

What is a contact in the law?

The regulations define a contact as a spouse or sexual contact, a needle sharing partner, or a person who may have been exposed to HIV in defined occupational settings under circumstances that present a risk of transmission. Depending on the circumstances of exposure, a correctional worker could be a contact.

How will reports be unduplicated by DOH?

Please clarify how reports will be unduplicated by DOH? Each report received will be matched to the list which contains identifying information on all reported individuals. Duplicate reports will be removed and newly identified reports will be added to the list. This is a standard process which has been done for AIDS Surveillance since the mid-1980s.

What is the number to call for provider reporting in New York?

Providers not yet enrolled with the New York City Department of Health and Mental Hygiene who have not already received an enrollment package should call 212/442-3388 to arrange for enrollment in the provider reporting program and for pick-up of report forms.

Is HIV a primary care diagnosis?

Individuals in research studies generally receive primary care; their primary care provider is required to report initial diagnosis of HIV and AIDS, and CD4<500 and positive viral load results done as part of primary care are reportable.

Does HIV affect insurance?

Testing positive for HIV after June 1, 2000, does not affect insurance policies any differently than testing positive for HIV prior to June 1. The State HIV reporting registry data are not shared with or disclosed to health or life insurers.

What happens if you disclose HIV?

Patients may be debilitated and physically vulnerable and may be subject to significant insurance and social discrimination if HIV status is wrongfully disclosed. Physicians must be cognizant of their patients' circumstances and the sensitivities surrounding the discussion of HIV disclosure.

Why do we need to develop laws to determine the boundaries of liability and reporting in HIV and AIDS?

Laws to determine the boundaries of liability and reporting in HIV and AIDS will have to be developed because, clearly, there are conflicting legal doctrines at work in the mandatory reporting case law that judges have made.

Why is public policy important for HIV testing?

Public policy encourages high-risk groups to submit to HIV testing because those individuals who know they are HIV-positive are more likely to seek treatment and take precautions that may prevent transmission of the virus.

What is the legal protection of patient privacy and confidentiality?

Legal protection of patient privacy and confidentiality depends on whether or not public health concerns outweigh the interest in preserving the doctor-patient privilege. The balancing of these interests is a particular challenge when it comes to privacy concerns associated with HIV status. A core legal dilemma in the case ...

What is the legal dilemma in HIV/AIDS?

A core legal dilemma in the case of HIV/AIDS is determining when the need to protect others, such as sex partners to whom the patient is likely to transmit HIV, supersedes the patient's right to confidentiality .

Can HIV be disclosed to health care providers?

However, if HIV-related information is readily disclosed by health care providers, individuals may become more reluctant to seek testing. When does the protection of others through a breach of patient confidentiality, ie, reporting cases to the authorities, become worth the risk to that individual who may be HIV-positive will avoid testing in order ...

Can a physician be held responsible for not warning third parties of foreseeable harm?

In other contexts, physicians have faced liability for not warning third parties of foreseeable harm. For example, a California court held that a psychotherapist had a legal duty to warn a third party of foreseeable harm, despite the presence of the client-therapist privilege [9].

Who has the right to consent to HIV testing?

Therefore, a minor who is married or is a parent is generally the only person who has the right to decide whether to consent to an HIV test. If a married minor or minor parent decides not to be tested, his/her parent or legal guardian generally cannot override that decision. Pregnant Minors NYS Public Health Law Section 2504 (3) ...

What is the purpose of a medical provider ordering a HIV test?

A medical provider ordering the test must conduct an individualized assessment of every older child's or adolescent's actual ability to understand the nature and consequences of being tested for HIV and to make informed decisions about whether to be tested.

Can a pregnant minor give consent for a HIV test?

Therefore, a pregnant minor generally has the ability to provide consent for her own HIV test. Testing a Child of Minor Parents NYS Public Health Law Section 2504 (2) provides that any person, even if under age 18, who has been married or who has borne a child may give consent for "medical, dental, health and hospital services for his ...

Can a minor consent to a HIV test?

Can a minor (age less than 18 years) consent to their own HIV test? In New York State the capacity to consent to an HIV test (either confidential or anonymous) is determined without regard to age. Informed consent for minors varies, depending upon the minor's situation.

Do biological parents have to consent to HIV testing?

In intact families, the biological parents generally have the legal authority to consent. Pre-test counseling must be provided and the consent form must be signed by one or both parents. Foster Care When the infant or child is in foster care, special rules apply. Consent for an HIV test must be obtained from the child's biological parents, ...

Do you need parental consent for HIV?

In general, parental or guardian consent is required for a physician to treat a minor for HIV/AIDS, including in-school-based clinics. Family planning clinics can provide only family planning related care to minors with the minors' consent.

Can a foster parent give consent for HIV testing?

Neither the foster parents nor the foster care agency can legal ly give consent for an HIV test for a foster child. Adopted Children When a child has been adopted, the adoptive parents assume all parental rights; therefore, they, not the biological parents, have legal authority to consent to health care for and HIV testing for ...

What are the laws for HIV testing?

State laws that cover the confidentiality of HIV test results include Texas Health and Safety Code Sections 81.046, 81.103, and 81.106(b). Health care providers should also be knowledgeable regarding federal HIPAA requirements.

What is the right of a minor to consent to a diagnosis?

This means that the minor has the cognitive ability to understand the risks and benefits involved.

What is the law in Texas for testing for HIV?

Texas law requires physicians or others permitted by law to attend a woman during pregnancy or delivery to test her for HIV, syphilis and hepatitis B (Texas Health and Safety Code Section 81.090). She must be tested for HIV and syphilis at her first prenatal visit and during the third trimester. If no record of third trimester test results are available, expedited tests for HIV and syphilis must be conducted at delivery.