why doctor does not report hiv patient?

Because the degree of risk of HIV infection is low and disclosure would also have damaging consequences for health workers, and because patient protection is available in other ways, it is argued that no such generalized right should be recognized. MeSH terms Acquired Immunodeficiency Syndrome / diagnosis

Full Answer

Should physician-patients talk about HIV disclosure?

Physicians must be cognizant of their patients' circumstances and the sensitivities surrounding the discussion of HIV disclosure. This means that they should know their patients well and follow the well-worn aphorism to treat the patient as an individual, rather than as simply a disease.

Do you have to report new cases of AIDS?

All 50 states require both physicians and laboratories to report to local or state health departments the names of persons newly diagnosed with Centers for Disease Control-defined AIDS [1]. However, because AIDS cases represent onset of the disease caused by HIV, HIV data is necessary to monitor the epidemic.

How often should I see my doctor if I have HIV?

Some people may see their provider more frequently, especially during the first two years of treatment or if their HIV viral load is high or detectable.

What kind of Doctor do you see for HIV?

Your HIV care provider might be a doctor, nurse practitioner, or physician assistant. Some people living with HIV go to an HIV clinic; others see an HIV specialist at a community health center, Veterans Affairs clinic, or other health clinic; and some people see their provider in a private practice.

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.

Does HIV 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 if someone doesn't tell you they have HIV?

An unsuccessful attempt to infect, or acting with “reckless disregard,” would be a class D felony. That is punishable by a maximum of five years in prison. A person who simply failed to disclose their HIV status could be charged with a misdemeanor.

Why does HIV have to be reported?

We need to know if people with HIV are getting the care they need. We also need to know why some people get infected with HIV and others do not. HIV information is also used to obtain money for HIV prevention and treatment services in Connecticut. Who receives HIV reports?

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 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.

Who can file a charge of discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the Federal Equal Employment Opportunity Commission (EEOC). In addition, an individual, an organization, or an agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

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).

Can you be charged with a crime if you don't tell your partner?

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 require ...

How many states are required to report viral load?

As of 2020, 47 states, the District of Columbia, and Puerto Rico meet the criteria for requiring all CD4 and viral load data reported. Of these, 25 states and Puerto Rico, also required molecular data reporting.

Why do people with HIV need CD4?

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. HIV drug resistance testing, which generates HIV molecular data, is used when a person enters, ...

Why is molecular data important for HIV?

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. When viral loads, CD4 counts and molecular data are reported, public health agencies can more effectively ...

What is HIV drug resistance testing?

HIV viral loads, CD4 cell counts, and HIV drug resistance testing are frequently conducted on samples from people with HIV for clinical purposes. Data collected from these tests can also be used to provide information about the effectiveness of and need for prevention and treatment programs.

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 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.

Which states do not have to report CD4?

Two states and one U.S. territory do not meet the criteria for reporting all viral load, or CD4 count: Idaho, New Jersey, and the Virgin Islands. Not all states with complete reporting laws have complete reporting of laboratory data to CDC.

What is disclosure of medical information against wishes?

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.

Why is confidentiality important in healthcare?

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.

Can a court order give medical professionals the right to breach patient confidentiality?

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.

What happens when HIV is disclosed?

Once disclosure has occurred, children often benefit from interactions with other HIV-infected children who are aware of their diagnosis to discuss coping and future disclosures with others. Policy makers need to be acutely aware of the questions and nuances involved pertaining to HIV disclosure.

Why do parents want disclosure?

Parents often fear that disclosure may distress the child and other family members. Healthcare providers often advocate disclosure, due to the possible psychological and medical benefits for the child, as well as public health concerns (that is, the possibility of transmission to sexual partners).

What are the consequences of a child's disclosure?

Disclosure may: Burden the child psychologically, impairing self-esteem, and increasing anxiety and depression. Increase marginalization/stigma of child and family. Cause parents to feel guilty. Child might then disclose the information to others, hurting the family as a whole.

What happens if a child divulges information to others?

However, following disclosure, if the child divulges the information to others, stigma can increase for the parent and family, adding stress, and possibly fueling maternal guilt, self-hatred, and low self-esteem. Parents may become overwhelmed or burdened by the child’s consequent distress.

Does Maria want her daughter to know?

But Maria says that she absolutely does not want her daughter to know. Maria believes Amelia is still too young, and will be emotionally devastated. Maria says that it is herresponsibility — and only her responsibility — as a mother to “protect” her child and that her daughter is “not ready” to know.

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.

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 partner notification important?

Partner notification is critical so that individuals know they are at risk, receive HIV counseling and testing, and get appropriate medical care. One of the most controversial issues is whether physicians may disclose the HIV status of their patients to known contacts and, further, whether failure to do so may give rise to liability if the known contact becomes HIV-positive. Though the threat of the contact is clear and immediate, individuals may be discouraged from undergoing testing if they know someone will notify contacts.

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 .

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.

What is coded identifier?

In code-based reporting, coded identifiers are substituted for names. Name-to-code-based reporting means that cases were initially reported by name, but were converted to code after public health follow-up and collection of epidemiologic data.

How often should I see a doctor for HIV?

Current HIV treatment guidelines recommend that most people with HIV see their health care provider for lab tests every 6 months. Some people may see their provider more frequently, especially during the first two years of treatment or if their HIV viral load is high or detectable. People who take their HIV medication every day and have an undetectable viral load at every test for more than two years usually only need to have their lab tests checked twice a year.

Who can answer HIV questions?

You may need to direct your questions to different people, depending on what you need or want to know. HIV health care providers (doctors, nurse practitioners, physician assistants) can answer questions about a wide range of issues that affect your health. These include: How HIV is affecting your body.

What to include in HIV treatment?

Include a list of any HIV medications you may have taken in the past and any problems you had when taking them. Bring a copy of your medical records if your provider does not already have them, including visits to specialists.

What are the issues with medication?

Medication issues, including medication changes, new medications, side effects and how to manage them, and medication interactions. Sexual health issues, including questions about any sexual symptoms you may be having, how you can prevent or treat STIs, and how you can prevent transmitting HIV to your partner (s)

What to do if you missed a dose of HIV?

Talk about any HIV medication doses you have missed. Tell your provider about your current sexual or alcohol/drug use activities and your history. These behaviors can put you at risk of developing drug resistance or getting other sexually transmitted infections (STIs) as well as viral hepatitis.

How does a provider work with you?

Your provider will work with you to develop strategies to stay as healthy as possible. Describe any side effects you may be having. Your provider will want to know how the HIV medications are affecting your body in order to work with you to solve any problems and find the right combination of medications for you.

How to stay healthy with HIV?

Part of staying healthy with HIV is seeing a health care provider regularly so that they can track your progress and make sure your treatment is working. That means managing your HIV medical appointments. Some people with HIV go to an HIV clinic for their medical appointments; others go to a community health center, a Veterans Affairs clinic, ...

Distrusting the System

Murphy said he also believes that behavioral counseling can be effective. The NMAC is already working with government organizations, such as the U.S. Department of Health and Human Services and the Centers for Disease Control, to bridge the communication gap between doctors and patients.

Stigma and Identity

Laws believes that all medical encounters are cross-cultural to a degree. “There’s a different universe that doctors and patients live in,” he said.

Communication Is Increasingly Vital

Laws is concluding a study on the effects of behavioral counseling for HIV patients. The visits he recorded for his study occurred at four HIV specialty clinics in large U.S. cities. Of the 45 providers who participated in the study, all were white except for two black women, one Latino, and 11 Asians.