C.M.R. 10, 148, ch. 39

Current through 2024-51, December 18, 2024

Chapter 39 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS

STANDARDS

A. Requests for and authorization of tests for a communicable disease, including an HIV test of a public ward, may be authorized by Division Regional staff, after consultation with a Central Office Duly Authorized Agent: namely, the Public Guardianship Program Manager, Division Director, or Adult Protective Services Program Manager.

B. HIV test results, either positive or negative, shall be kept confidential except as outlined in the following sections of C, D, or E.

C. HIV test results may be disclosed to the following designated Division staff:

1. the assigned Caseworker,

2. the assigned Caseworker's Supervisor,

3. the Regional Program Manager, and

4. a Central Office Duly Authorized agent.

D. The decision to disclose HIV test results to others inside or outside of the Division shall be made by a Central office Duly Authorized Agent Disclosure to others may be made as follows:

1. to those responsible for treatment of the ward, including medical and psychiatric;

2. to those responsible for care of the ward when the care includes nursing care;

3. to those responsible for care of the ward if that responsibility includes twenty-four hour supervision of the ward; and

4. to a court through testimony when that medical information is relevant, and to the attorney representing the Department.

E. Confidentiality of records:

1. Division records containing written information on any communicable disease, with the exception of HIV infection status information, shall be kept in the medical section of the Regional case records.

2. Written information on HIV infection status shall be kept in a Central Office confidential medical file, which will require a specific and separate authorization for release

3. There shall be no written information on HIV infection status in Regional case records. Any actions taken for medical reasons shall be documented in general in the Regional case record and shall include a reference to further medical information in the Central Office medical file.

4. Disclosure to designated Division staff and to others, as outlined in section C and D, shall be oral disclosure, only.

5. Upon receipt of HIV status information, any person authorized to receive such information under these rules shall sign a statement acknowledging receipt of this information and informing them of confidentiality requirements. They may not further disclose the test results, except to the extent authorized by law. These statements shall be kept in the Central Office confidential medical file.

F. The Division will cooperate with other Department Bureaus to coordinate planning on behalf of a public ward who has been diagnosed as infected with a communicable disease.

C.M.R. 10, 148, ch. 39

EFFECTIVE DATE: February 5, 1989