W. Va. Code R. § 64-64-8 - Confidentiality and Disclosure

8.1. The victims or alleged victims of sexual crimes are eligible for HIV counseling and testing at public health HIV testing sites in West Virginia. The provisions of this rule and W. Va. Code § 16-3C-1et seq. regarding voluntary testing apply to testing and counseling of these persons. All victim testing information is subject to the confidentiality requirements of this rule and W. Va. Code § 16-3C-1et seq. for voluntary testing.

8.2. An agent or employee of a health facility or health care provider has a need to know HIV test results under the provisions of W. Va. Code § 16-3C-3(a)(4) when the information is medically necessary to protect the individual from a significant risk of transmission or will have an impact on the treatment modality.

8.3. HIV test results may be disclosed to health care providers, emergency responders or others who have been subject to a significant exposure during the course of medical practice or in the performance of professional duties. The health care provider or emergency responder is subject to the requirements of the disclosure statement contained in W. Va. Code § 16-3C-3(c) and to the remedies and penalties provided in W. Va. Code § 16-5C-5.

8.4. Solely for the purpose of prompt and accurate evaluation and payment of medical or related claims HIV test results may be disclosed to claims management personnel employed by or associated with an insurer, health care service contractor, health maintenance organization, self-funded health plan, state-administered health care claims payer or any other payer of health care claims. Information released under this subsection is confidential and shall not be released or made available to persons who are not involved in handling or determining medical claims payment.

8.5. HIV test results may be disclosed to facilitate health information exchanges and to legally authorized public health authorities.

8.6. HIV test results may be disclosed to persons allowed access to the record by a court order issued in accordance with the provisions of W. Va. Code § 16-3C-3(11).

Notes

W. Va. Code R. § 64-64-8