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Author Topic: Confidentiality  (Read 7613 times)

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Offline shadoos

  • Member
  • Posts: 10
Confidentiality
« on: September 29, 2008, 02:46:53 am »
I am curious.  What is the law on confidentiality for those who are POZ?  Not as far as doctors telling our business to others but as far as if a family or friend was telling people your business.  Please Help
« Last Edit: September 29, 2008, 03:07:11 am by shadoos »
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Offline jkinatl2

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  • Posts: 6,007
  • Doo. Dah. Dipp-ity.
Re: Confidentiality
« Reply #1 on: September 29, 2008, 03:27:05 am »
Quite simply, there are no laws I am aware of in the US . And even if there were, once the gossip genie is out of the bottle, it's out forever. And sadly, news of someone's HIV status is juicy stuff indeed.
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"Many people, especially in the gay community, turn to oral sex as a safer alternative in the age of AIDS. And with HIV rates rising, people need to remember that oral sex is safer sex. It's a reasonable alternative."

-Kimberly Page-Shafer, PhD, MPH

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Offline next2u

  • Member
  • Posts: 1,813
Re: Confidentiality
« Reply #2 on: September 29, 2008, 03:30:44 am »
juicy...
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Offline hotpuppy

  • Member
  • Posts: 555
Re: Confidentiality
« Reply #3 on: September 30, 2008, 10:18:40 pm »
The law is called HIPPA or Health Insurance Portability and Protection Act.  It is a crime to disclose information about someone's HIV (or other health) status without their permission.

Enforcement is another matter.  But if your DR. office outs you, they would be in deep dudu... like $10K fine per occurrence.

Guilt is another useful tool.  I don't advocate outright manipulation, but making someone feel awful about what they have done can be successful.

Personally, I don't give a D*MN.  It's not my problem if someone has an issue with my status.  I understand not everyone has that luxury... but it's an option. 
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Don't obsess over the wrong things.  Life isn't about your numbers, it isn't about this forum, it isn't about someone's opinion.  It's about getting out there and enjoying it.   I am a person with HIV - not the other way around.

Offline hotpuppy

  • Member
  • Posts: 555
Re: Confidentiality
« Reply #4 on: September 30, 2008, 10:19:38 pm »
Here is a link to HIPPA in all it's dry long form:

http://hab.hrsa.gov/publications/hippa04.htm
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Don't obsess over the wrong things.  Life isn't about your numbers, it isn't about this forum, it isn't about someone's opinion.  It's about getting out there and enjoying it.   I am a person with HIV - not the other way around.

Offline mecch

  • Member
  • Posts: 13,455
  • red pill? or blue pill?
Re: Confidentiality
« Reply #5 on: October 01, 2008, 05:09:25 am »
i'm in the "gossip genie out of the bottle" camp here.
maybe make the offender eat some humble pie.
but be noble and move on
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“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline traveltramp

  • Member
  • Posts: 40
Re: Confidentiality
« Reply #6 on: October 02, 2008, 05:08:06 am »
You are already dead.. so each day is like a bonus.... Nhat Hanh

What happens in the outside is not personal.. it is not about you what so ever...

TravelTramp is in Thailand and is finding his Buddha nature...

Be happy.. or be sad.. ether way be content..

Big Blessings

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Offline Assurbanipal

  • Member
  • Posts: 2,177
  • Taking a forums break, still see PM's
Re: Confidentiality
« Reply #7 on: October 02, 2008, 07:26:22 am »
Quote from: hotpuppy on September 30, 2008, 10:18:40 pm
The law is called HIPPA or Health Insurance Portability and Protection Act.  It is a crime to disclose information about someone's HIV (or other health) status without their permission.

Enforcement is another matter.  But if your DR. office outs you, they would be in deep dudu... like $10K fine per occurrence.

Guilt is another useful tool.  I don't advocate outright manipulation, but making someone feel awful about what they have done can be successful.

Personally, I don't give a D*MN.  It's not my problem if someone has an issue with my status.  I understand not everyone has that luxury... but it's an option. 

HIPAA offers no protection "if a family or friend was telling people your business"  HIPAA only requires medical providers to preserve your privacy.  It does not prohibit family and friends from gossiping.
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5/06 VL 1M+, CD4 22, 5% , pneumonia, thrush -- O2 support 2 months, 6/06 +Kaletra/Truvada
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Offline Andy Velez

  • Global Moderator
  • Member
  • Posts: 34,126
Re: Confidentiality
« Reply #8 on: October 02, 2008, 09:32:24 am »
If you haven't already done so, read our lesson on Disclosure. You will find some helpful tips there.

You are protected legally in terms of professional healthcare providers. If you choose to disclose to someone in your private life, hopefully they will be respectful of that trust. But some may not and you just have to let the chips fall where they may.

Cheers. 
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Andy Velez

Offline Joe K

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  • Member
  • Posts: 5,821
  • 31 Years Poz
Re: Confidentiality
« Reply #9 on: October 02, 2008, 11:47:27 am »
Some states have laws that criminalize revealing the status of another, but prosecution under the laws. is very difficult, as it is usually your word against that of someone else.  And you cannot look to any of the laws concerning slander (spoken) or libel (written), because the fact that you are poz is true, regardless of the source.
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