Under the New Jersey AIDS Assistance Act (NJAAA), all diagnosed cases of AIDS and HIV infection must be reported to the Department of Health along with identifying information about the person diagnosed. However, in conjunction with this reporting requirement, the law provides that any record containing identifying information about a person who has or is suspected of having AIDS or HIV infection must be kept confidential and can be disclosed only for specific authorized purposes, or with a person’s informed consent.
The NJAAA provides that a person whose HIV or AIDS information has been improperly disclosed may bring a civil action against the individual or institution who violated the Act to obtain appropriate relief, including actual damages, equitable relief and reasonable attorney’s fees and court costs.
If informed consent is not obtained, the content of a record containing identifying information about a person with HIV infection may only be disclosed under one of six conditions:
(1) to qualified personnel for the purpose of conducting scientific research;
(2) to qualified personnel for the purpose of conducting audits or evaluations;
(3) to qualified personnel involved in medical education, diagnosis or treatment of the person who is the subject of the record;
(4) to the Department of Health as required by law;
(5) as permitted by rules and regulations adopted by the Commissioner of Health for the purposes of disease prevention and control; and
(6) in all other instances authorized by law.
Contact a skilled discrimination attorney in Mercer County
Determining whether you have a claim for improper disclosure of AIDS information requires the assistance of an experienced Mercer County discrimination attorney. If you believe you are the victim of improper disclosure of your confidential medical information, please contact the law office of Zuckerman & Fisher, L.L.C. online or at 609.514.0514 to speak with a seasoned discrimination attorney in Mercer County.