Re: privacy and HIV/AIDS

[Jennifer L Aranza <jla44224@pegasus.cc.ucf.edu>]

 Bruce Shefrin wrote:
> 	Would someone who knows comment on the accuracy of my 
> observation and provide an argument in favor of the special
> confidentiality status of HIV/AIDS even when there are
> negative public-health consequences of privacy rights?  Thanks.

I'm studying Health Information Management in Orlando, Florida, and we 
have spent much time discussing the special requirements for the 
superconfidentiality of HIV records. I can't speak for New York, but 
Florida has several statutes specifically addressing this issue, 
including the Florida Omnibus Act and Florida Statutes 381.0034 through 
381.0041. The Federal Disability Act also addresses HIV status. The 
intent of this legislation is to encourage voluntary testing for the HIV
virus. Discrimination is a real fear for HIV positive patients. 

The various public health agencies actually benefit from this patient 
protection. More patients will come forward to be tested, which provides 
accurate statistics on the spread of the virus, and, most importantly, 
allows for earlier intervention and education of those infected with the 
virus.  The agencies simply don't receive identifiable data on these 
patients, only the number of positive tests.

Florida also has special requirements for releasing HIV test information,
but that is another email.
 
Jennifer Aranza
jla44224@pegasus.cc.ucf.edu