State regulations require reporting of HIV and AIDS cases to the local health department. California's disease reporting regulations not only specify what, when, where, and how to report cases, but also include descriptions of monetary penalties to be imposed for failure to comply with these laws. Laboratories must now report all HIV-related CD4 + T-Cell test results to their local health department within 7 days, in addition to the existing requirements to report any laboratory test used to identify HIV or antibodies or antigens to HIV. Government mandates apportion funding for prevention planning and medical and social services for HIV/AIDS patients to local jurisdictions on the basis of the number of reported HIV/AIDS cases for that area. The goals of the HIV Surveillance and Monitoring Program are to monitor the incidence and prevalence of persons with HIV/AIDS in Orange County and to follow the government mandates in an efficient, accurate, timely, and community driven manner.
For more information please call (714) 834-7748.
HIV/AIDS Reporting & HIPAA
The Health Insurance Portability and Accountability Act of 1996 included legislative deadlines for the creation of federal regulations regarding the privacy of health information. Acting on those deadlines, the secretary of the Department of Health and Human Services issued the proposed Privacy Rule in 1999. The final Privacy Rule became effective April 14, 2003.
The final Privacy Rule does allow HIV and AIDS reporting as part of permitted disclosures for public health activities (45 CFR § 164.512); no consent or authorization is required.
The CDC document (CDC - HIPAA Privacy Rule and Public Health) addresses common questions regarding HIPAA and public health reporting. In addition, the following are some websites and resources related to HIPAA and reporting.
How to Report HIV/AIDS?
The regulations require providers to use the California Department of Health Services Adult or Pediatric HIV/AIDS Confidential Report form. Surveillance staff will call the provider and complete the case report by phone. Or the provider can complete and mail HIV/AIDS case reports in two envelopes and send via traceable mail to:
Orange County Health Care Agency
1725 W. 17th St. Annex Bldg. (Attention: HIV Surveillance)
50 Rm A125
Santa Ana, CA 92706-2316
Reports must be received within 7 days. Laboratories can use the suggested form from the California State Office of AIDS website. Case reports should not be sent via FAX or email.
Healthcare Provider Resources
State of California HIV Regulations
The State of California implemented HIV reporting regulations July 1, 2002 (California Code of Regulations, Title 17, Section 2641.5-2653.2), amended by legislation April 17, 2006. The original regulations required health care providers and laboratories to report cases using a non-name code. The most recent legislation requires HIV cases, like AIDS cases, to be reported by name. As with many other communicable diseases, this is a dual reporting process in which both health care providers and laboratories report.
State of California AIDS Regulations
AIDS has been required to be reported in California since 1983 (California Code of Regulations, Title 17, Section 2500), and AIDS has always been reported by name to the Surveillance Program.
For HIV/AIDS Case Reporting Forms
State of California Link:
Orange County Links:
Health Care Agency
1725-B W. 17th Street
Santa Ana, CA 92706
No confidential information should be faxed or emailed.