Resources

Civil Rights – Office for Civil Rights (Health and Human Services)
The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) promotes and ensures that people have equal access to an opportunity to receive services from all HHS programs. Persons who believe they have been discriminated against -- because of race, color, national origin, age, sex, religion or disability (including HIV/AIDS) -- in health care or human services may be eligible to file a complaint with OCR.

• Your Rights as a Person with HIV Infection or AIDS
• How to File a Health and Human Services Civil Rights Complaint (PDF – 80 KB)

Health Information Privacy Rights – Office for Civil Rights (Health and Human Services)
The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) enforces the HIPAA Privacy Rule, a set of federal standards to protect the privacy of patients' medical records and other health information maintained by covered entities: health plans; most doctors, hospitals and many other health care providers; and health care clearinghouses. These standards provide patients with access to their medical records and with significant control over how their personal health information is used and disclosed. Persons with HIV/AIDS who believe that their health information privacy rights have been violated may be eligible to file a complaint with OCR.

• How to File Health Information Privacy Complaint (PDF – 72 KB) | En español
• Privacy and Your Health Information (PDF – 646 KB) | En español (PDF – 1.24 MB)
• Your Health Information Privacy Rights (PDF – 364 KB) | En español (PDF – 1.21 MB)

Protecting Health Information Privacy and Complying with Federal Regulations (HIV/AIDS Bureau, HRSA) This resource guide is written for HIV service providers and HRSA employees to help Ryan White CARE Act grantees comply with the HIPAA Privacy Rule. Under federal law, CARE Act grantees are defined as “covered entities” under HIPAA.

HIV / AIDS Nursing Home Discrimination Complaints – Office for Civil Rights (Health and Human Services)
Report identifying government agencies that investigate discrimination complaints filed against nursing homes that do not admit persons with HIV or AIDS, and describes the number and outcome of complaint investigations. (PDF – 2.3 MB)

HIV and the Law – Business/Labor Responds to AIDS (BRTA/LRTA, CDC)
This resource from the Centers for Disease Control and Prevention is for informational purposes only and is not meant to serve as legal advice for large and small businesses, labor unions and workers and their families as they meet the challenges of HIV/AIDS in the workplace and the community. The following laws provide specific rights and protections for persons living with HIV/AIDS:

• Americans with Disabilities Act (ADA)
• Occupational Safety and Health Act (OSHA)
• Family Medical Leave Act (FMLA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)

Additionally this resource offers answers to Frequently Asked Questions which offers answers and guidance to common concerns of business, labor, and individuals regarding HIV/AIDS workplace issues. Questions that are discussed include transmission and workplace issues as well as policy and legal issues protecting the rights of individuals living with HIV/AIDS in the workplace.

Women and HIV/AIDS: Your Rights (Office on Women’s Health, HHS)
Unfortunately, as someone with HIV, you may face discrimination. Whether you're being refused housing, refused treatment from your gynecologist, or a school won't admit your child with HIV, there are things you can do in these situations.