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HIV Confidentiality Law

HIV infection is a medical condition that requires a strict medication regimen to control. Despite the fact that current HIV medications allow infected individuals to maintain a good quality of life for decades longer than early treatments, a significant stigma still exists around those who are infected. To combat this stigma and the fear that accompanies it, confidentiality laws restrict the disclosure of a patient's HIV status by anyone other than the infected individual.

  1. Purpose

    • HIV confidentiality laws are designed to protect HIV-positive individuals from discrimination, persecution and other unfair treatment based solely on their HIV status. These laws prevent anyone from disclosing the individual's HIV status without their permission, including doctors and health department workers.

    Benefits

    • By keeping an individual's HIV status confidential, that individual can decide when and to whom they can reveal their HIV status. If they do not wish others to know that they are HIV positive, confidentiality laws help to ensure that information about their status is not released and that all records kept on them are secure.

    Confidentiality and Public Health

    • As HIV infection is a public health concern, local health departments are tasked with keeping records on the number of HIV-positive individuals who reside within their jurisdiction. Doctors and clinics who diagnose HIV infections must report the diagnosis to the health department for statistical record keeping purposes. These infections are reported anonymously, however, to preserve the patients' confidentiality.

    Differences by Locale

    • HIV confidentiality laws vary somewhat based on the state or country where they are enacted. The majority of confidentiality laws concerning HIV are passed at the state level, though some laws to prevent discrimination against HIV-positive individuals are active at the federal level as well. Those with HIV should consult an attorney or an HIV services care coordinator to learn what HIV confidentiality laws are in effect in their state if they feel that their confidentiality has been violated.

    Exceptions

    • There are exceptions to HIV confidentiality laws that can be made when the individual may be putting another at risk of infection. HIV-positive individuals are required to disclose their status to sexual partners, and if they fail to do so then their status may be revealed by law enforcement or medical personnel if there is evidence that the partner is at risk.

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