Law / United States / 
Massachusetts
HIV test informed consent and limits on disclosing results
Mass. Gen. Laws ch. 111, § 70F
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you are a facility (as section 70E defines it), physician or health care provider, test a person for the HIV antibody or antigen only after you obtain that person's verbal informed consent.
- Do not disclose the result of an HIV test to anyone other than the subject, and do not identify the subject of the test to anyone, without the subject's written informed consent. A written consent form states the purpose for which the information is requested and is distinct from consent to release any other medical information, and it covers each requested release.
- If you are an employer, do not require an HIV antibody or antigen test as a condition for employment.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Ch. 93A sec. 4, which section 70F brings in by deeming a violation a violation of ch. 93A sec. 2: the Attorney General may recover a civil penalty of not more than $5,000 for each violation the court finds the person knew or should have known violated ch. 93A sec. 2, plus the reasonable costs of investigation and litigation including attorneys' fees.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Statutory damages
Ch. 93A sec. 9, which section 70F reaches by deeming a violation a violation of ch. 93A sec. 2: a person injured recovers actual damages or $25, whichever is greater, and up to three but not less than two times that amount for a willful or knowing violation, after a written demand for relief at least thirty days before suit; sec. 9(2) permits a class action for similarly injured persons.
- As of
- Currency
- USD
- Per person minimum
- 25
- Class action available
- Yes
Who enforces it
Enforcement body
Massachusetts Attorney General under ch. 93A sec. 4, because section 70F deems a violation a violation of ch. 93A sec. 2; and a person injured by the violation under ch. 93A sec. 9.
What this law does
Section 70F of chapter 111 bars a facility, physician or health care provider from testing a person for the HIV antibody or antigen without first obtaining that person's verbal informed consent, from disclosing the results to anyone other than the subject without the subject's written informed consent, and from identifying the subject of the tests to anyone without that written consent.
Section 70F provides that no employer shall require HIV antibody or antigen tests as a condition for employment. Section 70F provides that whoever violates the section shall be considered to have violated section 2 of chapter 93A. Section 70F provides that reporting information to the department of public health under chapter 111 or chapter 111D is not a violation of the section.
Section 70E defines facility, the term section 70F uses, to include any hospital or clinic licensed or subject to licensing by the department and any state hospital operated by the department.
When LexLint raises it
When your app profile says your app handles health records or makes employment decisions.