Privacy Law Library

Confidentiality of HIV test results

VA HIV test confidentiality

Health

Makes the results of every HIV test confidential and allows release only to persons or entities authorized to receive protected health information under state or federal law.

Where

Virginia

Citation

Va. Code § 32.1-36.1

Status

In force

In force since

1989-07-01

Last amended

2017-07-01

Enforced by

Virginia Attorney General, attorneys for the Commonwealth, and local attorneys (civil penalty); subjects of disclosure (private action) (32.1-36.1(B)-(C))

People can sue

Yes

Penalties

Civil penalty up to $5,000 per willful or grossly negligent unauthorized disclosure; private recovery of actual damages or $100, whichever is greater, plus fees and costs (32.1-36.1(B)-(C)).

Applies to

• Any person or entity holding results of a test for HIV infection