Aetna Breach of Privacy

Recently, insurance company Aetna sent letters violating the confidentiality of people who receive HIV medication both for treatment and prevention (PrEP, or pre-exposure prophylaxis). Through the large clear window on the envelope, information about their HIV medication appeared directly under the name and address. Anyone who picked up the letter – a mailman, family member, neighbor, etc. – could see that the person getting the letter takes HIV medication. The actual words “HIV medic…” appeared, and not just the name of the medication. You can see a sample, redacted letter below. We know that some people who received these letters in August. We don’t know if others were sent out at other times.

This action was a blatant violation of HIPAA, which requires health plans like Aetna to keep medication information private. It also violated New York State laws governing the confidentiality of insurance information, HIV information, and medical information generally.

HIV is still a highly stigmatized disease. Many people taking HIV medication choose to keep that information confidential to avoid discrimination and rejection by loved ones and communities. We know of people whose family members learned their HIV status through this mail from Aetna. This caused tremendous pain and rifts within the family. We also know of people whose neighbors learned that they are taking HIV medications. Confidentiality is critical so that people feel safe seeking HIV prevention and treatment services. When insurers, like Aetna, blatantly breach confidentiality, people become afraid to seek life-saving help. We want to make sure insurers follow the law and respect privacy of all health information.

The Legal Action Center and the AIDS Law Project of Pennsylvania sent a letter to Aetna on behalf of clients of 8 legal organizations, including Legal Services NYC, demanding that Aetna stop this practice immediately and take corrective actions to make sure it never happens again. You can view the letter by clicking here.

People who recieved the Aetna mailing may wish to file HIPAA complaints with the Office of Civil Rights of the US Dept of Health and Human Services and complain to their state insurance department and attorney general’s office. WE CAN HELP. If you want to file a complaint, or just want to learn more about your rights, please call our hotline at 917-661-4500.