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People living with HIV, like those with any medical condition, will always have a right to confidentiality. The lingering stigma and discrimination associated with the disease continue to heighten the importance of strong protections for HIV-related information. The Ryan White HIV/AIDS Program has produced many publications and initiatives to increase education and understanding of HIV and confidentiality of patient data and to counter stigma and misinformation. The Program will continue to work with grantees to make sure measures are in place to protect personal health information while harnessing the power of information to improve the health and wellbeing of PLWHA.

Confidentiality Provisions in the Ryan White HIV/AIDS Program Legislation

Ryan White HIV/AIDS Treatment Extension Act of 2009

http://www.gpo.gov/fdsys/pkg/PLAW-111publ87/html/PLAW-111publ87.htm Exit Disclaimer
(Public Law 111–87, October 30, 2009)
Sec. 2695G(c) CONFIDENTIALITY.—This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.

Ryan White HIV/AIDS Treatment Modernization Act of 2006

http://www.gpo.gov/fdsys/pkg/PLAW-109publ415/pdf/PLAW-109publ415.pdf (PDF – 254 KB) Exit Disclaimer
(Public Law 109–415, December 19, 2006)

Title II: Care Grants

SEC. 2625. EARLY DIAGNOSIS GRANT PROGRAM. (g)(ii) for those individuals with a positive test result, post-test counseling (including referrals for care) is provided and confidentiality is protected.

Title III: Early Intervention Services

SEC. 2661. CONFIDENTIALITY AND INFORMED CONSENT. (a) CONFIDENTIALITY. The Secretary may not make a grant under this part unless, in the case of any entity applying for a grant under section 2651, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.

Title V: General Provisions

SEC. 2685 PRIVACY PROTECTIONS (a) In General—The Secretary shall ensure that any information submitted to, or collected by, the Secretary under this title excludes any personally identifiable information. (b) Definition—In this section, the term “personally identifiable information” has the meaning given such term under the regulations promulgated under section 264 (c) of the Health Insurance Portability and Accountability Act of 1996.

Ryan White CARE Act Amendments of 2000

www.gpo.gov/fdsys/pkg/BILLS-106s2311enr/pdf/BILLS-106s2311enr.pdf (PDF – 283 KB) Exit Disclaimer
(Public Law 101–381, 104 Stat. 576)

Title II: Care Grant Programs, Subtitle C-Certain Partner Notification Programs

SEC. 2631. GRANTS FOR PARTNER NOTIFICATION PROGRAMS. (2)(A) In the case of a health entity that provides for the performance on an individual of a test for HIV disease, or that treats the individual for the disease, the State requires, subject to subparagraph (B), that the entity confidentially report the positive test results to the State public health officer in a manner recommended and approved by the Director of the Centers for Disease Control and Prevention, together with such additional information as may be necessary for carrying out such program.

Title III: Early Intervention Services

SEC. 2661. [300ff-61] CONFIDENTIALITY AND INFORMED CONSENT (a) CONFIDENTIALITY.—The Secretary may not make a grant under this part unless, in the case of any entity applying for a grant under section 2651, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.

Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990

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Title III: Early Intervention Services

SEC. 2661. CONFIDENTIALITY AND INFORMED CONSENT. (a) CONFIDENTIALITY.—The Secretary may not make a grant under this part unless—(1) in the case of any State applying for a grant under section 2641, the State agrees to ensure that information regarding the receipt of early intervention services is maintained confidentially pursuant to law or regulations in a manner not inconsistent with applicable law; and (2) in the case of any entity applying for a grant under section 2651, the entity agrees to ensure that information regarding the receipt of early intervention services pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law.

Sect. 2662 PROVISION OF CERTAIN COUNSELING SERVICES. (a) COUNSELING BEFORE TESTING.—The Secretary may not make a grant under this part unless the applicant for the grant agrees that, before testing an individual for HIV disease, the applicant will provide to the individual appropriate counseling regarding the disease based on the most recently available scientific data), including counseling on—(6) provisions of law relating to the confidentiality of the process of receiving such services, including information regarding any disclosures that may be authorized under applicable law and information regarding the availability of anonymous counseling and testing pursuant to section 2664(b)d.

Sec 2663. APPLICABILITY OF REQUIREMENTS REGARDING CONFIDENTIALITY, INFORMED CONSENT AND COUNSELING. The Secretary may not make a grant under this part unless the applicant for the grant agrees that, with respect to testing for HIV disease, any such testing carried out by the applicant will, without regard to whether such testing is carried out with Federal funds, be carried out in accordance with conditions described in Sections 2661 and 2662.

Sect. 2667 USE OF FUNDS. (c)(5) the State, except as provided in any paragraph (2) through (4), maintains the confidentiality of the results of testing for HIV disease in each prison operated by the State or with amounts provided by the State, and makes disclosures of such results only as medically necessary.

Subtitle B—Emergency Response Employees

SEC. 2688. RULES OF CONSTRUCTION (c) CONFIDENTIALITY—This subpart may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee. [Subtitle repealed in 2006.]

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