Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 7 - Human Immunodeficiency Virus/AIDS › Chapter 135 - HIV/AIDS Testing › Section I-13505 - Disclosure of HIV-Related Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. Provision for Refusal of Disclosure.
				  Except as otherwise provided by law or regulation, 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 the authorization
				  contains a refusal to release HIV test results. The form developed by the
				  Department of Health and Hospitals, Office of Public Health, for the
				  authorization for the release of confidential information has been developed in
				  accordance with the Administrative Procedures Act for the release of medical
				  information allowing a person to refuse to disclose HIV test results.
B. Disclosure of HIV Test Results without the
				  Subject's Consent. HIV test results may be released to the following entities
				  without authorization from the subject (or the person authorized by law to
				  consent to health care for the subject);
1.
				  to any person to whom disclosure of medical information is authorized by law
				  without the consent of the patient;
2. to al health care facility/provider or
				  employee thereof which;
a. is permitted to
				  access medical records;
b. is
				  authorized to obtain HIV test results;
c. maintains or processes medical records for
				  billing or reimbursement purposes.
3. to a health care facility/provider or
				  employee thereof when knowledge of HIV test results is necessary to provide
				  appropriate care or treatment and afford the provider an opportunity to protect
				  themselves from transmission of the virus;
4. to a health care facility/provider or
				  employee thereof in relation to use of body parts for medical education,
				  research, therapy, or transplantation;
5. to a health care facility staff committee,
				  accreditation or oversight review organization authorized to access medical
				  records;
6. to a federal, state,
				  parish, or local health officer when the disclosure is mandated by federal or
				  state law;
7. to an agency or
				  individual in connection with the foster care programs of the Department of
				  Social Services or to an agency or individual in connection with the adoption
				  of a child;
8. to any person to
				  whom disclosure is ordered by a court of competent jurisdiction;
9. to an employee or agent of the Board of
				  Parole of the Department of Public Safety and Corrections (or of its office of
				  parole) to the extent the employee or agent is authorized to access records
				  containing HIV test results;
10. to
				  a medical director of a local correctional institution to the extent he/she is
				  authorized to access records containing HIV test results;
11. to an employee or authorized agent of the
				  Department of Social Services, Office of Rehabilitative Services;
12. to an insurer, insurance administrator,
				  self-insured employer, self-insured 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.