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Del. Code Ann. tit. 16, § 718 - Enforcement of subchapter
Link to the law
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Current as of June 2015
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Any person who took an HIV test and whose identity or test results were improperly disclosed may commence a civil lawsuit to recover damages. The lawsuit must be brought within 3 years after the person becomes aware the information was improperly released.
A person who negligently disclosed a patient’s identity or HIV test results may be liable for $1000 or the cost of actual damages, whichever is greater. A person who intentionally or recklessly disclosed a patient’s identity or HIV test results may be liable for $5000 or the cost of actual damages, whichever is greater.
The state’s Attorney General is authorized to commence a civil action to protect patients’ privacy rights when taking HIV tests.
Current as of June 2015
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