TO MY HEALTH CARE PROVIDER:

I have received your notice telling me when you may disclose my personal medical information. Your notice does not mention whether or not you think you can disclose information regarding my HIV/AIDS status or my mental health status. I am writing to remind you that HIPAA says that state laws which are more protective than HIPAA are still in force, and take precedence over HIPAA. 45 CFR 160.203 provides that HIPAA protections do not replace state laws that are "more stringent" than HIPAA's own requirements.

Both the Michigan HIV Confidentiality law (MCL 333.5131 et seq) and the Michigan Mental Health Code (MCL 330.1100 et seq.) provide more protection than HIPAA for particular types of protected health information. As a result, health care providers must continue to comply with the provisions of those laws. In particular, both laws require that information about the diagnosis or treatment (of HIV/AIDS or mental health) may not be disclosed without a specific written consent from me, explicitly authorizing the disclosure of the information.

In fact, this letter falls within the confidentiality protections because it creates the implication that there is information about HIV and my mental health in your records. This letter is therefore protected by these laws as well, and should not be released to any other party or entity.

Both Michigan laws clearly provide penalties for health care providers who disclose information without specific consent. Please note that, regardless of the contents of the privacy notice which you have sent or given me, and regardless of any revisions you make to that privacy notice in the future, you may not disclose any information pertaining to HIV or AIDS including the fact that I may have been tested for HIV, or information about my mental health, without my explicit and express written permission.

Thank you for continuing to respect my privacy in these important matters.

Signed,

date: