I'm wondering if there's any laws against doing so, as a form of invasion of privacy. Are there laws protecting one's HIV status from publication or exposing?
2007-08-13 13:41:13 · 10 answers · asked by Mark Abe 2 in Politics & Government ➔ Law & Ethics
The question came up because several friends of mine have debated wether it is safer for the gay community to know who in their social network has HIV. That is to out those who have HIV so people know where it is.
In this sense they would not have obtained the information professionally, but through gossip.
I've been arguing against it. Though I believe in safety measures, I do not believe that exposing one's medical privacy or labeling them is morally right.
2007-08-13 14:51:43 · update #1
It depends on the context. If its private life, I don't think so. If its a public or job related context HIV positive people carry a protected status in the law like a minority
2007-08-13 13:47:27 · answer #1 · answered by Buy Sam a Drink 5 · 0⤊ 0⤋
No medical professional can share one's diagnosis with anyone other than the person without their written consent, or if a minor (under 18), without written consent of the parent/guardian. It is against the HIPPA laws. You know, I can't even get my daughters health records or school records without her signing a consent form! HIPPA prevents it. There are some illnesses, and I'm not sure about an HIV postive case, that have to be reported to the health dept, (I know that TB must be reported, some STD's, Rabies, etc: and maybe AIDS too) but other than that, the privacy is there. Even the health dpt can not share that info with others unless you or your parent/guardian gives written consent. Now let me tell you something else. If you knowingly and willingly give someone the AIDS virus and they become HIV positive, then they or their family (should death occur) can press charges against you for murder or attempted murder, it is considered a form of 'dangerous weapon' that you can harm or kill someone with. If someone has betrayed your trust with this, such as a doctor, then yes, you can speak to a lawyer about it, and probably should.
2007-08-13 20:58:34 · answer #2 · answered by bpsgirl123 6 · 0⤊ 0⤋
The new hippa laws apply to health care professionals who learned about the illness through the course of their work. If you found out someone has aids by other means and choose to gossip about it.. it's legal to do so. Once information becomes public, there are no laws to stop the spread of it. If a celebrities health info is leaked.. it's put into print immediately.
2007-08-13 21:04:12 · answer #3 · answered by JB 2 · 1⤊ 0⤋
i am in med billing. i can not disclose hiv status to anybody. this is between the dr and pt and there are laws that protect the pts diagnosis being disclosed. now if the pt is a minor and it is an issue of public safety then i think it must be disclosed but i am not sure about that. the pt should ask the dr what the legal rights are. if you are not the pt, or the partner of the pt, myob.
2007-08-13 20:55:38 · answer #4 · answered by Mary D 5 · 0⤊ 0⤋
Yes, HIPPA laws prevent people from sharing private information with others. For what reason would you want to expose someones HIV status? Publication? That definitely seems like you want a defamation suit. There is no reason to publicly "out" someone with HIV.
2007-08-13 20:49:23 · answer #5 · answered by justanotherone 5 · 1⤊ 1⤋
If you are privy to this information by way of your professional status - example, you are a health care or insurance worker and you find out someone's HIV status and expose them - you are violating HIPAA. HIPAA is the federal Health Information Portability and Accountability Act and you can be sued.
2007-08-13 20:58:40 · answer #6 · answered by juneaulady 4 · 2⤊ 0⤋
I was outed by some residents where I live. They implied I had HIV/AIDS, which I feel is an invastion of my privacy. So I would like to know if a person can be prosecuted
2007-08-15 18:22:31 · answer #7 · answered by jeffreynashtn 1 · 0⤊ 0⤋
Why make this question about the gay community? All individuals who have sex with multiple partners need to do two things:
Always wear a condom
Get tested regularly.
It would be rude and insensitive to discuss someone else's status without their permission; but it isn't illegal.
2007-08-13 22:00:11 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You better be damn sure of it before you do, because if it isn't true, it qualifies as "slander per se" meaning they don't have to prove damages, just that you said it.
If you can prove it, "truth" is an absolute defense, but you can expect your life to be a living hell explaining how you came by this tidbit of information, which is covered by federal law (HIPAA) regarding confidentiality of medical records.
2007-08-13 20:48:32 · answer #9 · answered by open4one 7 · 0⤊ 0⤋
Yes you can be, but it depends on your relationship to the individual. You may tried for various civil claims as well.
2007-08-13 21:08:33 · answer #10 · answered by cyanne2ak 7 · 0⤊ 0⤋