Section 2060.355  Confidentiality – Patient Protection – HIV Antibody and AIDS Status

a)         The organization shall have written policies and procedures controlling access to records and information governed by the AIDS Confidentiality Act [410 ILCS 305] (AIDS Act), and the AIDS Confidentiality and Testing Code (77 Ill. Adm. Code 697) (AIDS Code) that protect the identity and test results of a person who receives an HIV test.

b)         This Section does not apply to HIV/AIDS risk education that is provided to all persons.  This Section does apply to information regarding requests for or participation in HIV/AIDS pre- and post-test counseling.

c)         An HIV antibody or AIDS test cannot be required as a condition of SUD treatment and a person cannot be required to disclose or to sign an authorization for release of information concerning their HIV antibody test or HIV status as a condition of SUD treatment.

d)         A person who wishes to be tested for HIV antibodies shall be informed that they may undergo testing anonymously and given information about organizations that conduct testing.

e)         Unless disclosure is otherwise authorized by State or federal statute or rule, no information governed by the AIDS Act and the AIDS Code shall be released by an organization or by any member of its staff to any other person or entity unless there is a legally-effective consent or another exception in accordance with the statute or rule.  Release of information which is allowed by consent or by statute and rule shall be done only to the extent provided within the consent.

f)         The organization shall have a policy regarding how and what shall be recorded if a person self discloses HIV status during treatment or if the person requires the administration of medications or other services by staff that provide AIDS treatment.  The policy shall protect the confidentiality of the person, protect their right to give consent for disclosure of HIV status, and shall limit disclosure to only what is necessary to accomplish the purpose of the disclosure.  The organization shall ensure that the informed consent form required in Section 2060.360 contains the authorization requirement for disclosure of this information.

g)         Documentation of any HIV or AIDS counseling service or testing shall be kept confidential in accordance with the AIDS Act.  Organization staff shall not have access to such counseling and testing records unless otherwise authorized in writing by the patient's consent.