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Confidentiality
All medical records are confidential and must be maintained in a manner that protects that confidentiality.
Confidentiality of medical information means that information that can be related to the specific patient may not be disclosed to ANYONE except under specific circumstances. Usually, this means that the individual signs a release of information form, but there are exceptions.
Violation of the above-mentioned laws is a misdemeanor and may result in civil liability actions for reckless or intentional disclosure up to $10,000 or actual damages, whichever is greater. It is the responsibility of the county's health officer to investigate potential breaches of confidentiality of HIV identifying information and report those to the DOH.
Some areas of the medical record have additional confidentiality requirements because disclosure of the information to the wrong person or agency could mean additional harm to the patient. It has been determined that there exists a level of prejudice, fear and discrimination directed at people with these medical conditions. Therefore, there is a balance between civil protection and information access.
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Discrimination
