HIV Testing Disclosure

Louisiana law authorizes the disclosure of HIV test results without the consent of the person tested as follows:

• To any person to whom disclosure of medical information is authorized by law without the consent of the patient.

• To a health care facility/provider which: is permitted access to medical records; is authorized to obtain HIV test results; and/or maintains or processes medical records for billing or reimbursement purposes.

• To a health care facility/provider when knowledge of HIV test results is necessary to provide appropriate care or treatment and afford the provider an opportunity to protect themselves from transmission of the virus.

• To a health care facility staff committee, accreditation or oversight review organization authorized to access medical records.

• To a federal, state, parish or local health officer when the disclosure is mandated by federal or state law.

• To an agency or individual in connection with the foster care programs of the Department of Social Services or to an agency or individual in connection with the adoption of a child.

• To any person to whom disclosure is ordered by a court of competent jurisdiction.

• To an employee or agency of the Board of Parole of the Department of Public Safety and Corrections (or of its Office of Parole) to the extent that the employee or agent is authorized to access records containing HIV test results.

• To a medical director of a local corrections institution to the extent he/she is authorized to access records containing HIV test results.

• To an employee or authorized agent of the Department of Social Services, Office of Rehabilitative Services.

• To an insurer, insurance administrator, self-insured employer, self-insurance trust or other person or entity responsible for paying or determining medical services to the extent necessary to secure payment for those services.