211 CMR 36.05 - Disclosure of Positive Test Results to Tested Individual

(1) A carrier which requires or requests that any individual submit to an HIV test shall notify that individual of a positive test result as expeditiously as possible, but in no event later than 45 days after the individual's blood sample is taken. Such test result disclosure shall be made in either of the following ways, at the option of the individual:

(a) Notification Through the Designated Physician. A carrier may encourage an individual to obtain results through his or her physician rather than directly. If the individual selects this option and authorizes disclosure of the positive test result to a physician, and has not informed the carrier in writing of a revocation of the election, the carrier shall send the HIV test results to the designated physician, together with the following statement regarding the confidentiality of HIV test results:

In addition to any current privacy safeguards applying to medical information generally, Massachusetts state law prohibits you from:

1.disclosing the results of HIV tests to any person other than the individual tested without first obtaining that individual's written informed consent; and

2.identifying the individual tested to any person without first obtaining that individual's written informed consent.

(b) Direct Notification to the Individual . If the individual selects this option, the carrier shall mail a certified letter delivered in a plain envelope, marked "Personal and Confidential" to the individual's address. The letter shall include, at a minimum, information concerning HIV and AIDS information resources, available at on the Massachusetts Department of Public Health, Office of HIV/AIDS website, www.mass.gov/eohhs/gov/ departments/dph/programs/id/hiv-aids/, that the individual may wish to contact for further information about the positive test result.

(2) Any individual shall be entitled, upon request, to receive directly from the carrier at no more than the reasonable cost of duplicating any such documents, any HIV-related information collected or maintained by the carrier about that individual and shall not be required to obtain such information indirectly through a physician, other medical provider, the MIB or any insurance support organization or any other mechanism, unless he or she has previously so designated and has not revoked that request in writing.

(3) If any individual, upon receiving copies of such HIV-related information, believes it to be incorrect, he or she may contact the carrier and seek a correction in accordance with the procedures outlined in the Federal Fair Credit Reporting Act or other applicable provisions of law.

Notes

211 CMR 36.05

Amended by Mass Register Issue 1268, eff. 8/29/2014.