August 25, 2017
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Patients in ‘crisis’ after Aetna exposes HIV status in envelope windows

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Aetna exposed the HIV-positive status of 12,000 of its members by mailing them letters about their HIV medication in envelopes with clear windows.

Aeta said the mistake was inadvertent. The letters, which instructed members about where to fill their prescriptions for medicine for HIV treatment or pre-exposure prophylaxis, were sent in envelopes with rectangular windows through which the recipient’s name and information about HIV medicine were clearly visible.

Aetna inadvertently exposed the HIV-positive status of 12,000 of its members through the windows of envelopes carrying letters about HIV medication.
Credit: Legal Action Center/AIDS Law Project of Pennsylvania

In some cases, the information was seen by family members, roommates and even neighbors who received the mail, according to Legal Action Center, a nonprofit law and policy organization that has publicized what is potentially a breach of federal and state privacy laws.

Sally Friedman, legal director at Legal Action Center, said the situation has been “devastating” for some.

“One person said he was being kicked out of his housing because of this illegal disclosure. Several people told us that their family members learned their HIV status this way. It has caused tremendous pain and anguish. Others have had to explain their private health information to neighbors. People are in crisis,” she told Infectious Disease News.

Friedman said she was unaware of any legal action currently underway but that many letter recipients have filed complaints with government regulators, such as the Office of Civil Rights at HHS.

“We are still evaluating legal options,” she said.

Friedman and Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania, sent a letter to Aetna demanding that the company stop sending the letters in the current form and develop a plan to correct the practice. The letter was sent on behalf of patients in Arizona, California, Georgia, Illinois, New Jersey, New York, Ohio, Pennsylvania and Washington, D.C.

“These privacy violations have caused incalculable harm to Aetna beneficiaries,” the attorneys wrote.

In a statement obtained by Infectious Disease News, Aetna apologized “to those affected by a mailing issue that inadvertently exposed the personal health information of some Aetna members. This type of mistake is unacceptable, and we are undertaking a full review of our processes to ensure something like this never happens again.” – by Gerard Gallagher

Disclosure: Friedman is the legal director at Legal Action Center.