Minor’s Rights to HIV-Related Confidentiality 

Posted June 2012

The NYSDOH AIDS Institute has issued a letter to providers to clarify minors’ rights to confidentiality through their health insurance plans, including those patients who are unable to consent to HIV treatment according to New York State Public Health Law.

Clinicians should educate patients about coordinating with the plan’s case manager or member services regarding their rights to the confidentiality of their HIV-related information. Clinicians who obtain a completed patient release of HIV information may also coordinate communication with insurance providers to ensure information is managed according to the patients’ wishes. Patients should be educated about the following rights:

  • To “opt out” of explanations of benefits (EOBs) that are mailed to their parents or legal guardians regarding HIV care
  • To request that insurance cards be mailed to an alternate address
  • To ensure that information is not inadvertently disclosed through electronic portals that parents or legal guardians may be able to access

For more information, refer to the NYSDOH AIDS Institute’s Dear Colleague Letter (PDF 93.6 KB).

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