Should the case manager have checked the client’s file for a release of information for day shelter staff before visiting the shelter?
Yes. Releases of information are essential to the protection of client confidentiality. Grantees and sponsors should develop and use
standardized releases of information if they are going to share confidential participant information between agencies or even
with family members. Grantee and sponsor staff should avoid contacting third parties about a client without first having an active signed
release on file that specifically gives them permission to do so. In this case, had the file been checked, Alan would have found no evidence
of a release and would likely not have gone to the day shelter in the first place. HOPWA regulations require grantees and sponsors to
actively protect their clients’ confidentiality. Was the client’s HIV status protected when the case manager introduced himself
and gave staff his business card? No. Not having permission at all to talk to staff at the day shelter also means that Alan did
not have permission to communicate about Peter’s HIV status. It’s important that the grantee or sponsor not use any identifying
information that could accidentally disclose participant HIV status. It is generally recommended that grantees and sponsors mask agency or
program names by using a generic name that doesn’t identify participants as receiving services from an AIDS service organization.
This also extends to communication to, or on behalf of, participants, such as checks to property owners, envelopes, letterhead,
and other printed material that shouldn’t contain any language that might inadvertently disclose a participant's HIV status. Should the agency
have reviewed their confidentiality policies and procedures with the client? Yes. It is good practice for grantee and sponsor staff to
review privacy-related policies and procedures with program participants and document that they have done so. Informed consent is at the
heart of good privacy protections. Program staff should receive comprehensive training about confidentiality, as well. This will
help to ensure that all staff are aware of how to actively protect their clients' confidentiality. The bottom line is, protecting participant
confidentiality is a HOPWA requirement. Grantees and sponsors should only use HIV status information for verifying program eligibility.
Such information should only be accessible to the grantee and sponsor administering the HOPWA program, unless expressly permitted
by the participant in a signed and dated release of information. Signed releases should always include the reasons for sharing protected information.