HIV/AIDS Program
Washington State regulations regarding security and confidentiality pertaining to HIV/AIDS Reporting

http://www.metrokc.gov/

• During HIV pre-test counseling, unless HIV testing is anonymous (the results of which are not reportable) health care providers shall remind the individual testing that their identity will be confidentially reported to the local or state health officer if the results are positive (WAC 246-100-209).  Upon seeking care, individuals with confirmed HIV infection must be reported as a case to the local health department, regardless of whether they tested anonymously or confidentially.

• Identifying information about any individual with a reportable disease or condition obtained as a result of case reporting pursuant to WAC 246-100-076 shall be protected by persons with knowledge of such identity (WAC 246-100-016).
• Health care providers, employees of a health care facility or medical laboratory, and other individuals with a knowledge of a person with a sexually transmitted disease (STD) may only disclose this information as permitted by specific confidentiality laws addressing sexually transmitted diseases (RCW 70.24.105). 
  

• Health care providers may exchange confidential medical information related to HIV testing, HIV test results, and confirmed HIV or STD diagnosis and treatment in order to provide health care services to the patient when such information impacts care or treatment decisions concerning the patient and the health care provider to whom the disclosure is made requires the information  for the patient’s benefit (WAC 246-100-016)
• Local and state health department personnel shall not disclose identifying information received as a result of a HIV laboratory or case report unless authorized by written patient consent or required to do so by state or federal law (WAC 246-100-106).
• Anyone who violates these confidentiality laws may be found guilty of a misdemeanor and  may be subject to action for reckless or intentional disclosure up to a maximum of $10,000 or actual damages, whichever is greater (RCW 70.24.080-084).

 

 

 

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