"Improper Disclosure of AIDS Information

Under the New Jersey AIDS Assistance Act ("NJAAA"), all diagnosed cases of AIDS and HIV infection must be reported to the Department of Health along with identifying information about the person diagnosed. However, in conjunction with this reporting requirement, the law provides that any record containing identifying information about a person who has or is suspected of having AIDS or HIV infection must be kept confidential and can be disclosed only for specific authorized purposes, or with a person's informed consent.

The NJAAA provides that a person whose HIV or AIDS information has been improperly disclosed may bring a civil action against the individual or institution who violated the Act to obtain appropriate relief, including actual damages, equitable relief and reasonable attorney's fees and court costs.

If informed consent is not obtained, the content of a record containing identifying information about a person with HIV infection may only be disclosed under one of six conditions:

(1) to qualified personnel for the purpose of conducting scientific research;

(2) to qualified personnel for the purpose of conducting audits or evaluations;

(3) to qualified personnel involved in medical education, diagnosis or treatment of the person who is the subject of the record;

(4) to the Department of Health as required by law;

(5) as permitted by rules and regulations adopted by the Commissioner of Health for the purposes of disease prevention and control; and

(6) in all other instances authorized by law.

Taking Action:

Unauthorized disclosure of confidential HIV/AIDS information to family members, schools, employers or prospective employers, or even strangers, is a violation of the law. If you believe you are the victim of improper disclosure of your confidential medical information, Zuckerman & Fisher, LLC is willing and able to help you. We are located in Princeton, Mercer County, New Jersey, and we have experience statewide resolving AIDS discrimination, improper disclosure and violation of confidentiality claims, whether through settlement or trial. So, contact us to set up an initial consultation. You can call us at 609.514.0514, or email us at ez@zuckfish.com (for Elizabeth Zuckerman, Esq.), or gwf@zuckfish.com (for George Fisher, Esq.). We will be happy to discuss your matter over the phone before you decide whether to schedule an initial consultation.