
We are all entitled to fair and respectful treatment in healthcare and under the 2010 Equality Act it is illegal to treat someone less favourably because they have HIV.
This law applies to anyone providing 'goods, facilities and services to the public' - and that includes healthcare providers.
This means that if a dentist or doctor refuses to treat you because you have HIV, it’s against the law.
Health workers are also obliged to protect your confidentiality. You may sometimes need to talk to a doctor about things you’d like kept private. This could include your HIV status, things about sex, or how you’re feeling. You can expect this information to be treated with the strictest confidence.
All staff working for the NHS must follow NHS rules on confidentiality, and could face disciplinary action if they don’t.
The general principle is that your personal information must be kept private. One important exception is that information will normally be shared within the healthcare team and with other health workers who give you care. This is mostly so that the right decisions about treatment can be made.
Receptionists might have access to your medical notes as part of their work, but they certainly shouldn’t discuss your HIV status in public, or with anyone outside the healthcare team.
Even if your immigration status means that you are not normally eligible for free NHS care, hospitals must give you essential treatment for a condition that is “life threatening.” The doctor has to decide what is essential, but this usually includes HIV treatment if your CD4 count is below 350.
The hospital may still ask you to pay later, but must first give you the medicines that you need. You cannot be refused essential treatment because you won’t be able to pay the bill. If a person has no income at all, the hospital may simply cancel the debt.
