House Judiciary
Committee Approves Legislation to Slow Spread of HIV/AIDS in Prisons
On July 25th, the House Judiciary Committee met to review and
vote on H.R. 1943, the “Stop AIDS in Prison Act of 2007,” legislation intended to reduce the spread of HIV/AIDS in federal
prisons. Following discussion, the Committee approved the bill and passed it out of the Committee by a voice vote.
The “Stop AIDS in Prison Act of 2007” would require the Federal Bureau of Prisons (BOP) to develop a comprehensive policy to
coordinate testing, treatment and prevention of HIV/AIDS for incarcerated people and individuals reentering the community from the federal prison
system. BOP would have one year within enactment of the legislation to implement such a policy, and, in developing this policy,
would be required to consult with officials from the Department of Health and Human Services (HHS), the Office of National Drug Control Policy
(ONDCP), and the Centers for Disease Control (CDC).
Under H.R. 1493, the BOP plan must include preventative education
and awareness on ways that HIV is transmitted as well as prevention methods, treatment and disease progression. Under the
legislation, community-based organizations, local health departments and peer educators could provide these services. In addition,
H.R. 1943 would require that these HIV/AIDS educational programs be culturally sensitive, conducted in a variety of languages and clearly present
scientifically accurate information. Educational materials would be required to be made available to all people incarcerated in
the federal prison at orientation, health care clinics, regular educational programs and prior to release.
Other key provisions of H.R. 1943 include:
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Requiring medical personnel to inform incarcerated
individuals, throughout their incarceration, both orally and in writing, of their right to be tested for HIV. Medical
personnel would also be required to provide routine HIV testing to women incarcerated in federal prison who become pregnant. In
providing testing, medical personnel would be required to provide confidential pre-test and post-test counseling
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Informing individuals orally and in writing that they have the
right to opt-out of testing. If an individual refuses a routine HIV test, medical personnel would be required to make a note of this refusal in the
individual’s confidential medical records; refusal would not be considered a violation of prison rules or result in disciplinary action
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Requiring medical personnel to provide all individuals who test
positive for HIV with timely comprehensive medical treatment, confidential counseling on managing their medical condition and preventing its
transmission, and voluntary partner notification services. This medical care would be required to be consistent with current HHS
guidelines and standard medical practice. Medical personnel would be required to develop and implement procedures to ensure the
confidentiality of HIV tests, diagnoses and treatment and would, along with correctional personnel, be required to receive regular training on the
implementation of those procedures. BOP would be required to specify and strictly enforce penalties for violations of
confidentiality by medical personnel or correctional staff
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Requiring that incarcerated people who previously tested negative
be tested no more than three months before they are released. Individuals must be informed both orally and in writing of their
right to refuse the pre-release testing. Further, the legislation states that if an individual refuses a routine HIV test, medical
personnel would be required to make a note of this refusal in the individual’s confidential medical records; refusal would not be considered a
violation of prison rules or result in disciplinary action
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Requiring that medical personnel provide people with HIV/AIDS,
upon their release, with confidential pre-release counseling on managing their illness, accessing treatment and services in the community, preventing
the spread of HIV, referrals to health care providers and social service agencies, and a 30-day supply of any medically necessary medications the
individual is currently receiving.
The Stop AIDS in Prison Act was introduced by Congresswoman Waters,
House Judiciary Committee Chairman John Conyers (D-MI), Committee Ranking Member Lamar Smith (R-TX), Representatives Bobby Scott (D-VA), Randy Forbes
(R-VA), Barbara Lee (D-CA) and Donna Christensen (D-VI). The legislation currently has 43 bipartisan co-sponsors. It is uncertain
when the legislation will be reviewed by the full House; both chambers of Congress are expected to adjourn for the August recess on August 3rd and
return after Labor Day. Additional information on the “Stop AIDS in Prison Act” can be found at: http://thomas.loc.gov/.
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Legislation to
Improve Access to HIV/AIDS Treatment Services in
Communities of Color Introduced in the
House
On June 15th, Representatives Nydia Velázquez (D-NY), Hilda
Solis (D-CA), José Serrano (D-NY), and Luis Fortuño (R-PR) introduced H.R. 2736, the “HIV Emergency Local Partnership Act of
2007.” H.R. 2736 would establish a pilot grant program within the Minority AIDS Initiative that would encourage qualified community health
entities to work together to provide comprehensive HIV/AIDS services for racial and ethnic minorities at the local community level.
In particular, the legislation notes that the African American and Latino communities have been disproportionately affected by HIV/AIDS and
seeks to improve access to services in these communities.
H.R. 2736 would increase the amount of funds that could be
appropriated for the Minority AIDS Initiative (MAI) by $50 million and would require the Secretary of the Department of Health and Human Services
(HHS) to reserve between $25 and $50 million dollars of the MAI funds for this program. Under the proposed grant program, the HHS
Secretary would award grants to nonprofit private organizations that are either located in, or are applying in partnership with an entity that is
located in, one of the ten States and territories with the highest concentration of people living with HIV/AIDS or in a community where racial and
ethnic minorities comprise a majority of the population. In awarding the grants, preference would be given to entities that: are
located in the affected community; partner with one or more local entities in the community to be served; use the grant to provide innovative
approaches to HIV testing, prevention and treatment; and have a staff and governing body that reflects and is representative of the community to be
served. The legislation specifies that the requirement under the Ryan White HIV/AIDS Treatment Modernization Act of 2006 that
seventy-five percent of funds be allocated for core medical services is not a requirement for this grant program.
Following introduction, H.R. 2736 was referred to the House Energy
and Commerce Committee where the legislation awaits review. The legislation currently has five bipartisan co-sponsors.
Additional information about H.R. 2736, including text and status, can be found at: http://thomas.loc.gov/.
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Bi-partisan
Legislation for Wellness Programs Introduced in Senate; Includes Counseling and Support for Employees with Substance Use Disorders
On July 9th, Senators Tom Harkin (D-IA) and Gordon Smith (R-OR)
introduced S. 1753, the “Healthy Workforce Act of 2007.” S. 1753 would amend the Internal Revenue Code to provide a tax credit to
employers for the costs of implementing wellness programs. Noting that chronic diseases such as heart disease, stroke, cancer,
obesity, and diabetes are the most prevalent and costly worker health problems for employers, the legislation seeks to improve employee attendance
and productivity by encouraging the implementation of wellness programs. As defined by the legislation, such wellness programs
would offer counseling, seminars, on-line programs or self-help materials related to alcohol and drug use, tobacco use, and mental health promotion,
among other health risks.
The Secretary of Health and Human Services would be required to
approve each wellness program prior to receipt of the tax credit. For a wellness program to receive qualification, it would
require four provisions: health awareness, an employee engagement component, a behavioral change component, and a supportive environment.
Health awareness would be composed of health education addressing the specific needs and health risks of employees and health screenings with
follow-up measures. A committee would be established to actively engage employees in the wellness programs through program
planning and tracking of employee participation. Finally, the wellness program would support healthy life-styles
through policies related to the use of tobacco, nutrition of food, and minimizing stress. Additionally, businesses would offer
incentives for wellness through benefits, such as adjustments in health insurance premiums or co-pays.
To encourage employers to implement a wellness program, the
legislation would offer a tax credit equal to fifty percent of the costs paid or incurred by the employer in connection to a qualified wellness
program. For businesses with less than 200 employees, the employer would receive a credit of $200 per employee.
Businesses with more than 200 employees would receive $200 for 200 employees and $100 for each additional employee. After
implementing the wellness program, businesses could receive the tax credit for ten years.
Following its introduction, S. 1753 was referred to the
Senate Committee on Finance where it awaits review. Text and status of S. 1753 can be found at:
http://thomas.loc.gov/.
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Health
Information Privacy Legislation Introduced in the Senate
On July 18th, Senators Patrick Leahy (D-VT) and Edward Kennedy
(D-MA) introduced S. 1814, the “Health information Privacy and Security Act.” S. 1814 seeks to give individuals control over their own
health information, establish safeguards to protect privacy, and to provide strong enforcement of privacy rights through criminal and civil penalties
for unauthorized use of health information.
Under S. 1814 any person, provider, company, school, or
office that examines health records would be required to permit the individual to inspect and copy his or her own medical information.
Individuals would then have the option of supplementing, correcting, amending, or removing protected health information from the
record. The legislation puts forth a process through which the agent receiving the modification request could refuse the request,
and by which the individual could respond. Health care information is defined by the legislation as including preventive,
diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, including appropriate assistance with disease or symptom management and
maintenance, counseling, service, or procedure with respect to the physical or mental condition of an individual.
Additionally, any entity maintaining, accessing, using, or
storing an individual’s protected health information would be required to provide the individual with a notice of privacy rights.
Such rights would include: the right to privacy, security and confidentiality of records in electronic systems, clear procedures for
authorizing and revoking disclosures to third parties, the right to inspect, copy or modify the information, the right to opt out of the electronic
system, a description of how the information would be used, and the right to limit access to information to a subset of authorized
recipients. Under S. 1814, exceptions to privacy would be allowed in specific emergencies and for law enforcement or public health
purposes.
The legislation would also require entities with access to health
information to provide individuals with a list of data brokers providing services to the entities. Data brokers would be required
to establish safeguards to secure health information and explain such safeguards to individuals. An annual risk assessment would
be conducted by each entity to determine the security threats to health information. Under S. 1814, if data security were to be
breached, individuals would be required to be notified within fifteen days of discovery.
On the federal administrative level, S. 1814 would establish
an Office of Health Information Privacy within the Department of Health and Human Services (HHS). HHS would also be required to
increase existing penalties for HIPAA violations, with maximum amounts of fines determined by the number of offenses committed.
Both individuals and state Attorney Generals could seek compensation for breached privacy in federal district courts.
Following introduction, S. 1814 was referred to the Senate HELP
(Health, Education, Labor and Pensions) Committee for review. The text and status of S. 1814 can be found at:
http://e2ma.net/go/663725014/555954/19093596/goto:http:/thomas.loc.gov/.
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Need for
Better Access to Drug and Alcohol Addiction and Mental Health Treatment Services Highlighted by Members of Congress in Press Conference on
Homelessness
On July 19th, Members of Congress held a press conference to
commemorate the 20 year anniversary of the McKinney-Vento Homeless Assistance Act, legislation intended to address the nation’s problem of
homelessness that is due to be reauthorized in Congress this year. Members speaking at the conference included: Representatives Maxine Waters (D-CA),
Judy Biggert (R-IL), Al Green (D-TX), Chris Shays (R-CT) and Barney Frank (D-MA). Organizations sponsoring the press conference included: Corporation
for Supportive Housing, Family Promise, Mercy Housing, National Alliance to End Homelessness, National Center on Family Homelessness, National
Coalition for Homeless Veterans, National Coalition for the Homeless, National Health Care for the Homeless Council, National Law Center on
Homelessness & Poverty, National Policy and Advocacy Council on Homelessness, National Low Income Housing Coalition, and National Network for
Youth.
Comments released by Senator Richard Burr (R-NC) in honor of the
20th anniversary of the McKinney-Vento Act emphasized the need for mental health and addiction treatment services as a means of effectively combating
homelessness. Senator Burr expressed that many homeless people face drug addiction and mental illness and that if such conditions are not treated
there is little hope of empowering these individuals to become self sufficient. In general, the Members of Congress in attendance
including Representative Waters spoke about the need to end homelessness in the United States. The advocacy groups who spoke at
the press conference emphasized the need to further promote awareness and effective solutions to resolve the state of homelessness in the United
States. In addition to speaking about the need to reauthorize the McKinney-Vento Homeless Assistance Act, participants also spoke in support of a
number of additional pieces of legislation that would help to address many of the factors which continue to influence the homeless epidemic,
including the Second Chance Act reentry bill. Many of those attending spoke about the need for additional resources to provide services to homeless
people and that a new bill reauthorizing McKinney-Vento should provide a much-needed support system to reach out to a much larger population.
Additional information about this event and the McKinney-Vento
Homeless Assistance Act can be found at: http://www.nlihc.org/.
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