Disclosure of Patient Information By Health Care Provider
Georgia statutory law defines AIDS Confidential Information (ACI) and makes the confidentiality requirements for the disclosure of ACI more stringent than those for other medical records. A patient's written consent is required to disclose ACI unless the disclosure is otherwise authorized or required by law.
AIDS Confidential Information is defined as information that a person:
has been diagnosed as having AIDS;
has been or is being treated for AIDS;
has been determined to be infected with HIV;
has submitted to an HIV test;
has had a positive or negative result from an HIV antibody test;
has sought and received counseling regarding HIV/AIDS; or
has been determined to be a person at risk of being infected with HIV.
(O.C.G.A. 24-9-47 and 31-22-9.1)
Penalty For Unauthorized Disclosure
According to state law, any person or legal entity intentionally or knowingly disclosing ACI in violation of the law will be guilty of a criminal offense and subject to criminal penalties and civil liability. Unintentional disclosure due to gross negligence or wanton and willful misconduct is also a criminal offense subject to criminal penalties and civil liability. (O.C.G.A. 24-9-47)
HIV Infected Person's Self-Disclosure to Partners
HIV-infected people are legally required to disclose their infection status to another person prior to engaging in sexual activity or sharing injection drug needles with that person. (O.C.G.A. 16-5-60)
Disclaimer: This information is provided for guidance purposes only. It is not intended to be a comprehensive statement of the Georgia HIV/AIDS law or to replace the Official Code of Georgia Annotated. It is not intended to be used or relied upon as legal advice, or to substitute for the advice of legal counsel.