Court Rules
All enforcement actions
SettlementMedium RiskMultistate

NJ AG Settles Aetna for $365K Over HIV/AIDS PHI Disclosure

Aetna, Inc.October 10, 2018New Jersey Attorney General

Penalty Amount

$365,212

Summary

Aetna, Inc. settled with New Jersey and other states over allegations that it improperly disclosed protected health information of thousands of individuals through mailings that revealed HIV/AIDS status and AFib study participation. The settlement requires Aetna to implement policy reforms, hire an independent consultant, and pay a civil penalty of $365,211.59 to New Jersey.

Remedy

Aetna must implement policy and training reforms to safeguard health information, hire an independent consultant to evaluate and monitor compliance with injunctive terms, and pay a civil penalty of $365,211.59 to New Jersey.

InjunctionCompliance ProgramAudit RequirementMonetary Penalty

Contract Impact

In-house legal teams should review all agreements involving protected health information (PHI), such as business associate agreements (BAAs) with vendors, customer contracts for health services, and employee confidentiality agreements. Key clauses to scrutinize include data sharing provisions, confidentiality obligations, breach notification requirements, and compliance with HIPAA and state privacy laws like the New Jersey AIDS Assistance Act. Specific attention should be paid to mailing and disclosure protocols to prevent inadvertent exposure of sensitive information, such as HIV/AIDS status or study participation. Revisions may be needed to mandate secure mailing practices (e.g., opaque envelopes), require regular training on PHI handling, include audit rights for monitoring third-party compliance, and update consent mechanisms for health-related communications.

Contract Search Terms

protected health informationHIPAA complianceconfidentiality clausedata sharing agreementmailing protocolsprivacy policybreach notification clausethird-party vendor managementconsent for disclosuredata security measures

Laws Cited

HIPAANew Jersey AIDS Assistance Act

Violation Types

Entity Details

Entity

Aetna, Inc.

Also known as: Aetna

Industry

Insurance

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"settlement agreement with Aetna, Inc."
Fine Amount
"Aetna will pay a civil penalty of $365,211.59 to New Jersey."
Laws Cited
"violated the federal Health Insurance Portability and Accountability Act (HIPAA)"
Laws Cited
"The New Jersey AIDS Assistance Act, for example, prohibits the disclosure of any record that contains identifying information about a person who has, or is suspected of having, AIDS or HIV, without the person’s written consent or statutory authorization."
Violation Types
"improperly disclosed protected health information"

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