HIV/AIDS Program
Confidentiality Requirements for HIV/AIDS Contractors to Public Health - Seattle & King County
Any agency receiving funds or contracting to provide services from Public Health - Seattle & King County (PHSKC), hereafter referred to as "contractor", must preserve the confidentiality of the clients they serve pursuant to the Washington Administrative Code (WAC) and the Revised Code of Washington (RCW). Please see below to identify the category your agency best fits. Failure to maintain client confidentially could result in civil or legal litigation against employees or agencies per the WAC and RCW.
Category One: contractors that keep confidential and identifiable records including medical diagnosis and lab slips. If your agency fits this definition, you must comply with federal and state requirements regarding the confidentiality of client records.* Proof of the contractor meeting these requirements may be requested during a site visit or audit. To meet the requirements the contractor should have the following in place:
- Clearly written Agency policies regarding confidentiality and security of records;
- Appropriate physical and electronic security measures to prevent unauthorized disclosures;
- Signed statements of confidentiality and security for all staff members who have access to sensitive information, either through access to files or through direct contact with clients. These statements should be on file at the contractor's office
- and updated yearly; and
- Appropriate confidentiality training provided to employees with records of attendance.
Category Two: agencies that have access to HIV/STD information through contact with clients or target populations, but do not maintain client records. If your agency fits this definition, you are required to have the following in place:
- Signed confidentiality statements from each employee. These statements should be on file at the contractor' office and updated yearly; and
- Appropriate confidentiality training provided to employees with records of attendance.
Examples of forms are available through the library at the PHSKC HIV/AIDS Unit. Technical assistance is available through the HIV/AIDS Unit and the Washington State Department of Health.
*Disclosure of information is governed by The Washington Administrative Code (WAC) 246-100-016 (2) and the Revised Code of Washington (RCW), 70.24.080, 70.24.084, and 70.24.105 regarding the exchange of medical information among health care providers related to HIV/AIDS or STD diagnosis and treatment. Please note that contractors fit under the definition of "health care providers" and "individuals with knowledge of a person with a reportable disease or condition" in the WAC and RCW. All of these laws are available in their entirety through the library at the PHSKC HIV/AIDS Unit.
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Additional Information
- Click here to view "Safeguarding Confidential Information" from the Washington State Department of Health IDRH Assessment Unit (in Adobe PDF format).
- Click here to look up WAC and RCW codes.
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