Frequently Asked Questions About STD and HIV Reporting

Disclaimer of Legal Advice: The following is MDH's analysis of how the Minnesota Sexually Transmitted Disease Reporting requirements interact with the Health Insurance Portability and Accountability Act (HIPAA), privacy rules, 45 CFR 160 and 164. This is not legal advice and you should not rely on it as legal advice. Consult with a lawyer for legal advice.

On this page:
Who is required to report STDs and HIV to MDH?
What conditions are reportable?
What information must be included?
How can I report STDs or HIV to MDH?
Can I still disclose this information under HIPAA?
Is written consent by the patient required to release this information?
Applicable rules

Who is required to report

• Health care practitioners (health care facilities, medical laboratories, and in certain circumstances veterinarians and veterinary medical laboratories) are required to report disease to the Minnesota Department of Health (MDH) under Minnesota state law.
  • Unless previously reported, every licensed health care provider who provides care to any patient who has, is suspected of having, or has died from a reportable disease is required to report.
• Any person in charge of any institution, school, child care facility, or camp is also required to report disease to MDH.

What conditions are reportable?

Reportable Diseases A-Z: Reportable Infectious Diseases

Laboratory confirmed cases of:

• Chlamydia
• Gonorrhea
• Syphilis
• Chancroid

Presumptive and confirmed cases of:

• HIV/AIDS

During pregnancy:

• Hepatitis B
• HIV/AIDS
• Syphilis
• Any other reportable condition

Ongoing HIV laboratory results:

• All CD4+ lymphocyte counts and percents
• All HIV viral detection laboratory tests, including undetectable results

What information must be included?

The case report must include as much of the following information about the patient as is known:

• Name
• Date of Birth
• Ethnicity
• Race
• Residence
• Date of specimen collection
• Treatment prescribed or dispensed
• Treatment date
• Physician name
• Address
• Phone number
• Other information pertinent to the case

How can I report STDs or HIV to MDH?

Any reportable infectious disease may be reported by phone to 651-201-5414 or 877-676-5414, or by filling out a confidential case report form.

• HIV/AIDS Confidential Case Report Forms
  This form is used to report cases of Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS) in Minnesota residents to the Minnesota Department of Health.
• Minnesota Chlamydia and Gonorrhea Report Form
  The Minnesota Confidential Chlamydia and Gonorrhea Case Report Form is used to report lab confirmed cases of chlamydia and gonorrhea in Minnesota residents to the Minnesota Department of Health.
• Minnesota Confidential Syphilis Report Form
  The Minnesota Confidential Syphilis Report Form is used to report lab confirmed cases of syphilis in Minnesota residents to the Minnesota Department of Health.
• To report cases of chancroid, please call 651-201-5414.

Can I still disclose this information under HIPAA?

YES.

Public health reporting mandated by law is not changed by HIPAA (Health Insurance Portability and Accountability Act). In fact, HIPAA expressly permits protected health information (PHI) to be shared for specified public health purposes. The HIPAA Privacy Rule allows covered entities to disclose PHI to public health authorities when required by federal, tribal, state, or local laws [45 CFR § 164.512(a)]. This includes state statutes and rules that provide for reporting of disease or injury, child abuse, birth or death, or conducting public health surveillance, investigation, or intervention. For disclosures not required by law, covered entities may still disclose PHI, without individual authorization, to a public health authority legally authorized to collect or receive the information for the purpose of preventing or controlling disease, injury, or disability [45 CFR § 164.512(b)].

(Centers for Disease Control and Prevention. HIPAA Privacy Rule and Public Health: Guidance from CDC and the U.S. Department of Health and Human Services. MMWR 2003; 52(Supl):8.)

• Communicable Disease Reporting and HIPAA
  An analysis of how HIPAA interacts with the Communicable Disease Reporting Rule, as well as information about logging public health disclosures under HIPAA.

Is written consent by the patient required to release this information?

NO.

• Under the HIPAA privacy rules, no patient authorization or consent form is required for mandated reporting [45 CFR § 164.512(a)] or for public health activities [45 CFR § 164.512(b)].

Applicable Rules

• Reportable Disease Rule (Communicable Disease Reporting Rule)
  Information about Minnesota's communicable disease reporting rule, revisions made to the communicable disease reporting rule, and information about disease reporting and HIPAA.