The Involvement of HIPAA Privacy and HIV and AIDS
Faye Loiseau HCR/220 November 13, 2011

The Involvement of HIPAA Privacy and HIV and AIDS HIV and AIDS are the most serious and deadly disease among today’s society. This disease is worldwide and has not specific targets. The first case of AIDS was discovered in the United States approximate 20 years ago, and has increased to an estimated of 24 million people becoming affected today. AIDS has killed more than 25 million people since 1981 and its not finish. 1.1 million Americans are among 33million people that live with HIV the virus that causes AIDS ("The Body Complete HIV and Aids Resource", 2011). However there seems to be a very large number of individuals living with either HIV or AIDS and are unaware that they are infected. HIPAA existence is to provide privacy to patient’s medical history so individual with such disease can be ensure that his or information will be protected and remains confidential (Mair, 2009). HIPAA duty is to maintain confidentiality for a patient which is considered to be a legal and ethical priority for all health professionals. (webmd ,2011).
AIDS is caused by human immunodeficiency virus (HIV) which can spread from person to person because of infectious agent in contaminated blood. The human body’s defense cells called lymphocytes are destroyed by HIV. These cells are contained in the immune system which this body system helps to fight off intruders or infections. When HIV intrude and begun to destroy the body CD4 lymphocytes the body immune system become defenseless and starts to develops acquire immunodeficiency syndrome (AIDS). There has not been a cure for this disease so therefore individuals with this disease cannot fight off infections. There are a several ways that this disease can be transmitted such as unprotected sex (semen) with a person that is infected, breast milk, blood, shared needles, and transferal to a baby during childbirth from the infected mother ("The Body Complete HIV and Aids Resource", 2011).
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Health Insurance Portability and Accountability Act (HIPAA) is a very important and valuable access to the medical field to help protect the privacy of patients. HIPAA act of 1996 is a rule is to enforce and followed by doctors, health care providers, and hospitals to ensure that medical billing, medical records, and patient accounts meet a certain standard. This is in regards to handling, documentation, and privacy of the patient ("Hipaa 101", 2006-2011). It also helps prevent patient health information from inappropriately used. When a patient medical record is being handle HIPAA restrictions are enforced this enable certain individual’s access to the file. There are four parts to HIPAA. The first part is the transaction process that takes place when health related information is being reported. The second and third process provides security and privacy protected for health information ("Hipaa 101", 2006-2011). The last part is portability which measures an individual’s ability to have health insurance even if he or she has preexisting or current medical condition. HIPAA has set fourth rules and regulations to ensure that the rights of patients are preserved and that confidentiality is protected for every individual including HIV and AIDS patients. The HIPAA’s law and regulations provides limitations to preexisting conditions this reason is health plans cannot discriminate anyone with a denial of coverage due to family member’s illness. Thanks to HIPAA individuals that lose job related health insurance coverage has rights to purchase individual health insurance no matter what he or she prior medical conditions are. If an individual had purchase health insurance prior he or she is able to renew that policy under the HIPAA act ("Hipaa 101", 2006-2011).
There are two different concepts when it concerning HIPAA regulation, privacy, and confidentiality. Confidential information is damaging and highly sensitive information. Private information refers to information that an individual wishes no one to know about. This information is not always protected which status may change, depending on the situation. All HIV negative, positive, or untested patient‘s information enjoys protection under the HIV confidentiality law which protect an individual information at any medical facility (Mair, 2009).
Knowledge of HIV and AIDS are very sensitive because of stigmas attached to having the virus or disease. One stigma is how an individual contracted the disease which someone may assume it comes from sharing needles, infected partner, or a child that was born from an infected mother. Myths that mislead the contraction of this disease is that street drug users and gay men only contract HIV/ AIDS, However this is not true, anyone is at risk for HIV or AIDS especially if he or she are engaging in high risk sex or drug behaviors. When an individual results of HIV is positive an individual become stress due to fear of being discriminated against in addition to ethical, legal, and social ramifications when these disease status are improperly disclosed. People that are diagnose with HIV or AIDS are protected from discrimination by HIPAA regulation (Mair, 2009).
Social ramification seems to exist when HIV and AIDS information has been release improperly. This could cause the patients acquaintances not wanting to associate or be around him or her because of fear and no knowledge of how the disease can be spread. Also if this information of a patient status leek out to the public that piece of gossip might be shared and soon spread damaging the life of the person affected and his or her families. The person will soon be looked at and treated differently. The misuse or improper release of patient information can cause a person not to find employment or if the person is already employed it can cause hardship or disrespect from fellow employees. HIV and AIDS do not only hurt the affected individual but also his or her family and friends. This disease and virus damage economies and societies worldwide once it spread among young adult. Once HIV and AIDS spread it place a long term economic issues (Department of Health and Human Services, 2011). By 2020 the International Labor Organization believes HIV and AIDS will soon lower the workforce by 24 million people because of increase in higher payment for medical care and insurance ("The Body Complete HIV and Aids Resource,” 2011). It may also increase because of hiring, absences related to health, and costs of training new employees; however the national incomes and growth will significantly decrease as the number of people who have HIV and AIDS increase ("The Body Complete HIV and Aids Resource,” 2011).
The Americans with Disabilities Act of 1990 (ADA) allows employers not to be discriminate against potential or current employees because of their status. In this act HIV and AIDS are categorize as a disability. When it concerning this type of disability employers should understand the key points understanding the responsibilities and duties of the job, what are the reasonable accommodations, keeping medical information confidential or limiting information within it legal boundaries. Lawsuits are frequently being filed by HIV and AIDS victims due to improper information disclosures and discrimination, however proper training and education about ADA can help eliminated or reduce the amount of lawsuits ("The Body Complete HIV and Aids Resource,” 2011). Ethical dilemma arises when a patient becomes affected with HIV or AIDS because a practitioner soon becomes aware that third parties are at risk of contracting this disease (Mair, 2009). When becoming diagnose with HIV and AIDS it cause many personal issue so therefore it is essential to safely protect a person status because so much harm can come to the patient if the medical records information is incorrectly handle. If a person learns of patients HIV or AIDS status he or she must keep the information to his or herself because this information must be kept confidential and private at any cost. If the status of any client is not related to the situation at hand his or her status should not be questioned. When a person controls his medical condition of HIV and AIDS the goal of confidentiality laws are met therefore there is no reason to discuss his or her status without the permission of that individual ((Department of Health and Human Services, 2011).
HIPAA has enforced multiple rules and regulations that carried civil and criminal penalties to ensure that the rights and confidentiality of individuals are protected. A person that takes care of a person infected with HIV or AIDS virus should be aware that he or she is also responsible for the safeguarding of the patient medical information and should not be discussed. Following general guideline all individuals receive protection when their medical records are being release which includes AIDS and HIV status, however the HIPAA do not address this information separately (Department of Health and Human Services, 2011). Medical information can be misused, or release into the wrong hands which will result in damages or harm to the well-being of the patient. This may cause discrimination within employment, insurance, and health care, therefore everyone that participate in the care of an individual with AIDS or HIV has to be very careful and should acquires the proper knowledge on how important it is to keep the status of the patient information confidential and private.

References
The Body Complete HIV and AIDS resource. (2011). Retrieved from http://www.thebody.com/content/art6073.html
Department of Health and Human Services. (2011). Center for Disease Control and Prevention. Retrieved from http://www.cdc.gov/hiv/resources/factsheets/index.htm
HIPAA 101. (2006-2011). Retrieved from http://www.hipaa-101.com/
WebMD. (2011). HIV and AIDS Health Center. Retrieved from http://www.webmd.com/hiv-aids/guide/sexual-health-aids
Mair, J. (2009, September). Duty of Confidentiality and HIV/AIDS. Health Information Management Journal, 37(3), CINAHL Plus.