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214.645 Reporting system of HIV-positive persons -- Confidentiality and
reporting requirements -- Reporting system surveillance, assessment,
and restrictions.
(1)
(2)
(3)
The Cabinet for Health and Family Services shall establish a system for
reporting, by the use of the person's name, of all persons who test positive for
the human immunodeficiency virus (HIV) infection. The reporting shall include
the data including, but not limited to, CD4 count and viral load, and other
information that are necessary to comply with the confidentiality and reporting
requirements of the most recent edition of the Centers for Disease Control and
Prevention's (CDC) Guidelines for National Human Immunodeficiency Virus
Case Surveillance. As recommended by the CDC, anonymous testing shall
remain as an alternative. If less restrictive data identifying requirements are
identified by the CDC, the cabinet shall evaluate the new requirements for
implementation.
The reporting system established under subsection (1) of this section shall:
(a) Use the same confidential name-based approach for HIV surveillance
that is used for AIDS surveillance by the cabinet;
(b) Attempt to identify all modes of HIV transmission, unusual clinical or
virologic manifestations, and other cases of public health importance;
(c) Require collection of the names and data from all private and public
sources of HIV-related testing and care services; and
(d) Use reporting methods that match the CDC's standards for
completeness, timeliness, and accuracy, and follow up, as necessary,
with the health care provider making the report to verify completeness,
timeliness, and accuracy.
Authorized surveillance staff designated by the cabinet shall:
(a) Match the information from the reporting system to other public health
databases, wherever possible, to limit duplication and to better quantify
the extent of HIV infection in the Commonwealth;
(b) Conduct a biennial assessment of the HIV and AIDS reporting systems,
insure that the assessment is available for review by the public and any
state or federal agency, and forward a copy of the assessment to the
Legislative Research Commission and the Interim Joint Committee on
Health and Welfare;
(c) Document the security policies and procedures and insure their
availability for review by the public or any state or federal agency;
(d) Minimize storage and retention of unnecessary paper or electronic
reports and insure that related policies are consistent with CDC technical
guidelines;
(e) Assure that electronic transfer of data is protected by encryption during
transfer;
(f) Provide that records be stored in a physically secluded area and
protected by coded passwords and computer encryption;
(g) Restrict access to data a minimum number of authorized surveillance
staff who are designated by a responsible authorizing official, who have
(4)
been trained in confidentiality procedures, and who are aware of penalties
for unauthorized disclosure of surveillance information;
(h) Require that any other public health program that receives data has
appropriate security and confidentiality protections and penalties;
(i) Restrict use of data, from which identifying information has been
removed, to cabinet-approved research, and require all persons with this
use to sign confidentiality statements;
(j) Prohibit release of any names or any other identifying information that
may have been received in a report to any person or organization,
whether public or private, except in compliance with federal law or
consultations with other state surveillance programs and reporting
sources. Under no circumstances shall a name or any identifying
information be reported to the CDC; and
(k) Immediately investigate any report of breach of reporting, surveillance, or
confidentiality policy, report the breach to the CDC, develop
recommendations for improvements in security measure, and take
appropriate disciplinary action for any documented breach.
The cabinet shall require any physician, advanced practice registered nurse, or
medical laboratory that receives a report of a positive test for the human
immunodeficiency virus to report that information by reference to the name in
accordance with the procedure for establishing name reporting required by the
cabinet in an administrative regulation.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 75, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 99, sec. 469, effective June 20, 2005. -- Amended
2004 Ky. Acts ch. 102, sec. 4, effective July 13, 2004. -- Created 2000 Ky. Acts
ch. 432, sec. 4, effective July 14, 2000.
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