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Can my medical records come out in my girlfriend's court case?

Mar 27, 2012

I was just diagnosed hiv positive, my girlfriend is neg. She is going through a divorce and custody battle, can this come out, or are my medical records private?

Response from Ms. Douaihy

Dear Writer,

Thank you for writing with your question. First, while I do not know the particular facts of your girlfriend's pending court cases, I will say that your HIV status sounds wholly irrelevant to, and should have no bearing on, her custody and matrimonial proceedings.

Second, yes, your medical records are private, confidential and protected from impermissible disclosure under the federal health privacy law (HIPAA). Some states also have specific confidentiality statutes protecting the privacy of your HIV information. Generally, a hospital/medical provider cannot release your medical records without your written, informed consent. To read more about federal and state protections of confidential HIV-related information, check out the great information available from the organizations below.

Legal Action Center

Center for HIV Law and Policy

Addisons disease , HIV AND HEPC
As an HIV positive health care worker do I have to disclose?

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