Is it allowable to refer to HIV/AIDS status on the confidentiality agreement? What if a client were to leave this document where others might see it?

Date Published: October 2014

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Yes, it is allowable to indicate HIV/AIDS status on the client Release of Information or consent form. Once client data is collected, including the release of information, agencies must safely store and protect both hard copy and electronic records to minimize the risk of an information breach. Agencies must provide copies of signed releases of information to clients at their request and may also consider establishing it as a standard practice. While agencies cannot control or be held liable by HUD for what a client does with such documentation, they should work with clients to understand the impact of disclosure. Agencies may choose to state that organizations cannot be held liable by HUD for an individual’s actions that may lead to the disclosure of his/her own status and detail the possible impacts of disclosure in the text of the consent form.

Tags: HOPWA Program Requirements - Confidentiality Requirements

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