§1171.4. Confidentiality of HIV test result; disclosure
A. Except as otherwise provided by law, no person who obtains, retains, or becomes
the recipient of confidential HIV test results in the course of providing any health or social
service or pursuant to a release of confidential HIV test results may disclose such information
pursuant to a written authorization to release medical information when such authorization
contains a refusal to release HIV test results.
B. Notwithstanding the provisions of Subsection A of this Section, HIV test results
may be released to the following:
(1)Any person to whom disclosure of medical information is authorized by law
without the consent of the patient.
(2)Any agent or employee of a health facility or health care provider if:
Free access — add to your briefcase to read the full text and ask questions with AI
§1171.4. Confidentiality of HIV test result; disclosure
A. Except as otherwise provided by law, no person who obtains, retains, or becomes
the recipient of confidential HIV test results in the course of providing any health or social
service or pursuant to a release of confidential HIV test results may disclose such information
pursuant to a written authorization to release medical information when such authorization
contains a refusal to release HIV test results.
B. Notwithstanding the provisions of Subsection A of this Section, HIV test results
may be released to the following:
(1) Any person to whom disclosure of medical information is authorized by law
without the consent of the patient.
(2) Any agent or employee of a health facility or health care provider if:
(a) The agent or employee is permitted access to medical records.
(b) The health facility or health care provider is authorized to obtain the HIV test
results.
(c) The agent or employee provides health care to the patient or maintains or
processes medical records for billing or reimbursement purposes.
(3) A health care provider or health facility, when knowledge of the HIV test results
is necessary to provide appropriate care or treatment to the patient and afford the health care
provider and the personnel of the health facility an opportunity to protect themselves from
transmission of the virus.
(4) A health facility or health care provider, in relation to the procurement,
processing, distributing, or use of a human body or a human body part, including organs,
tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical
education, research, therapy, or transplantation.
(5) Any health facility staff committees or accreditation or oversight review
organizations authorized to access medical records, provided that the committee or
organization shall only disclose confidential HIV test results:
(a) To the facility or provider of a health or social service.
(b) To a federal, state, or local government agency for the purposes of and subject
to the conditions provided in Paragraph (6) of this Subsection.
(c) To carry out the monitoring evaluation, or service for which it was obtained.
(6) A federal, state, parish, or local health officer when the disclosure is mandated
by federal or state law.
(7) An agency or individual in connection with the foster care programs of the
Department of Children and Family Services or an agency or individual in connection with
the adoption of a child.
(8) Any person to whom disclosure is ordered by a court of competent jurisdiction.
(9) An employee or agent of the committee on parole of the Department of Public
Safety and Corrections to the extent that the employee or agent is authorized to access
records containing HIV test results in order to implement the functions, powers, and duties
with respect to the individual patient of the committee on parole, Department of Public
Safety and Corrections.
(10) An employee or agent of the office of probation and parole of the Department
of Public Safety and Corrections, division of correction services, to the extent the employee
or agent is authorized to access records containing HIV test results in order to carry out the
functions, powers, and duties, with respect to patient of the office.
(11) A medical director of a local correctional facility, to the extent the medical
director is authorized to access records containing HIV test results in order to carry out the
functions, powers, and duties with respect to the patient.
(12) An employee or agent of the Department of Public Safety and Corrections, to
the extent the employee or agent is authorized to access records containing HIV test results
in order to carry out the Department of Public Safety and Corrections functions, powers, and
duties with respect to the patient.
(13) An employee or agent who is authorized by Louisiana Works to access records
containing HIV test results in order to carry out Louisiana Works' vocational rehabilitative
services functions, powers, and duties with respect to the protected patient.
(14) An insurer, insurance administrator, self-insured employer, self-insurance trust,
or other person or entity responsible for paying or determining payment for medical services
to the extent necessary to secure payment for those services.
C. A state, parish, or local health officer may disclose confidential HIV test results
when:
(1) Disclosure is specifically authorized or required by federal or state law.
(2) Disclosure is made pursuant to a release of confidential HIV test results.
(3) Disclosure is requested by a physician pursuant to Subsection E of this Section.
(4) Disclosure is authorized by court order.
D. No person to whom confidential HIV test results have been disclosed pursuant
to this Subpart shall disclose the information to another person except as authorized by this
Subpart, provided, however, that the provisions of this Subsection shall not apply to the
individual or to a natural person who is authorized by law to consent to health care for the
individual.
E.(1) A physician may disclose confidential HIV test results under all of the
following conditions:
(a) Disclosure is made to a contact, or to a public health officer for the purpose of
making the disclosure to said contact.
(b) The physician reasonably believes disclosure is medically appropriate, and there
is a significant risk of infection to the contact.
(c) The physician has counseled the patient regarding the need to notify the contact,
and the physician reasonably believes the patient will not inform the contact.
(d) The physician has informed the patient of his or her intent to make such
disclosure to a contact and has given the patient the opportunity to express a preference as
to whether disclosure should be made by the physician directly or to a public health officer
for the purpose of said disclosure. If the patient expresses a preference for disclosure by a
public health officer or by the physician the physician shall honor such preference.
(2) When making such disclosures to the contact, the physician or public health
officer shall provide or make referrals for the provision of the appropriate medical advice and
counseling for coping with the emotional consequences of the knowledge of the information
and for alteration of behavior to prevent transmission or contraction of HIV infection. The
physician or public health officer shall not disclose the identity of the patient or the identity
of any other contact. A physician or public health officer making a notification pursuant to
this Subsection shall make such disclosure in person, except where circumstances reasonably
prevent doing so.
(3) A physician shall have no obligation to identify or locate any contact.
(4) A physician may, upon the consent of a parent or guardian, disclose confidential
HIV test results to a state, parish, or local health officer for the purpose of reviewing the
medical history of a child to determine the fitness of the child to attend school.
(5) A physician may disclose confidential HIV test results pertaining to a patient to
a person authorized by law to consent to health care for the patient when the physician
reasonably believes that disclosure is medically necessary in order to provide timely care and
treatment for the patient and, after appropriate counseling as to the need for such disclosure,
the patient has not and will not inform the person authorized by law to consent to health care.
The physician shall not make such disclosure if, in the judgment of the physician, the
disclosure would not be in the best interest of the patient or of the individual authorized by
law to consent to such care and treatment. Any decision or action by a physician pursuant
to this Paragraph and the basis thereof shall be recorded in the patient's medical record.
F. A physician may choose, notwithstanding any other provision of law to the
contrary, not to disclose the results of a confidential HIV test to a person upon whom such
a test has been performed when in the medical opinion of the physician the disclosure of such
results would be medically contraindicated.