Relates to testing for HIV

§1 §2781

1 amends the counseling and testing provisions of Article 27-P of the Public Health Law, by adding to the current statutory testing provisions the option of documented oral informed consent. This informed consent must be signed in the event that a rapid HIV related test must be administrated and the person ordering the test does not Inane the capacity at the site of the rapid HIV test to perform other medical care.

2 clarifies information needed to be disclosed to the patient about HIV.

3 provides that the consent form must have a clearly marked place adjacent to the subject's signature where the subject may decline HIV testing. The subject must also be notified if further HIV tests were to be completed.

4 allows a representative of the person authorized to perform the HIV related test to find out if the subject would like to stay anonymous and to provide written consent.

5-a mandates the person authorized to perform the HIV related test to scheduled a follow-up medical care appointment with the subject, who provided consent to do so, of a test that has indicated evidence of an HIV infection.

6 outlines the provisions that shall not apply to the performance of an HIV related test.

§2 §2781-a

1 requires that every individual who receives services as an inpatient or in the emergency department or in the diagnostic and treatment center or who received primary care as an outpatient or in other mental care settings between the ages of 13-64 be offered an HIV test.

2 defines primary care.

3 provides that the offering of HIV related testing will be culturally and linguistically appropriate.

4 lists who this section does not affect.

§2135 lists when reports or information shall not be kept confidential. §4 further clarifies the definition of HIV related test.

§5 requires that persons authorized to order diagnostic tests report to the commissioner when it is found that the subject is infected with AIDS.

§6 clarifies the disclosure process.

§7 adds that an executor or administrator of an estate shall have access to the HIV information of a deceased person if that information is needed to fulfill her or her duties. 58 states the duties of the commissioner.

§9 mandates that the commission evaluate the impact of this act by September 1, 2011 and report it.

§10 contains the effective date.

Justification

New York City continues to be the epicenter of the HIV/AIDS epidemic in the United States, with more than one in six of all AIDS cases in the country. More than 100,000 persons in New York City are living with HIV today, but thousands do not know they are infected. Each year, more than 1,000 people in NYC first learn they have HIV when they are already sick with AIDS. These individuals often miss the opportunity to receive the care they need to stay healthy, and many unknowingly spread HIV in their community. Late diagnosis is more common among African-Americans and Latinos (85% of late diagnoses are among these groups: 55* among African-Americans and 30% among Latinos). African-American men are 6 times more likely to die of AIDS than white men, and the death rate among African-American women is nine times higher than among white women. Hispanic men and women are four times more likely to die of AIDS than white men and women. This bill modernizes provisions of New York State's Public Health Law to reflect advances in diagnosis and treatment of HIV/AIDS since the law was written two decades ago. It is critical these laws be modernized to allow jurisdictions to complement their education and prevention efforts with a focus toward diagnosing people earlier and linking them to effective medical treatment as soon as possible after diagnosis. This legislation will reduce the spread of HIV by reducing barriers to testing and improve health outcomes for persons living with HIV/AIDS by linking more HIV-infected persons to early care. voluntary HIV testing needs to be a routine part of medical care in the Same manner as testing for other treatable conditions. It also needs to be. more readily available in non-clinical and community settings. HIV can be detected by reliable, available, non-invasive screening tests, and if treatment is initiated early, infected patients will live longer and healthier lives. Despite new screening and testing technologies, separate written consent forms and prescriptive pre-test counseling mandates continue to discourage many physicians from offering HIV tests as a part of routine medical care. This bill restructures the current law's rigid counseling and testing requirements in several ways. First, the bill replaces the mandate for separate written consent with a mandate for informed consent which may be obtained either orally or in writing; it includes criteria for establishing "informed consent"; and for situations where rapid HIV testing is available but the testing site does not have the capacity to offer additional medical care, the bill requires informed consent be in writing. Second, the bill streamlines current pre-test counseling requirements and allows such requirements to be satisfied. either orally or in writing. These requirements include informing the patient that HIV causes AIDS; that treatment is available for people living with HIV; that people living with HIV or AIDS can protect individuals around him/her from being infected; and that the HIV test is voluntary and the results will be kept confidential. Finally, the bill requires post-test counseling following HIV -negative test result s. This counseling must provide the subject of an HIV, negative test with information concerning the risks of participating in high risk sexual or needle-sharing behavior. Requirements for post test counseling following a n HIV -positive test are unchanged, however a new provision is added requiring providers, with the individual's consent, to arrange for a follow-up appointment for medical care for HIV. Continuing the status quo is unacceptable-New York simply cannot continue as the AIDS capital of the united States. Technologies and treatments exist today that weren't available when the public Health Law governing HIV testing was established. The opportunity exists to stop this epidemic by making HIV testing a routine part of medical care. Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

Prior history

A.11958 2006, Died in Health committee. A6825 2008, Died in Health Committee.

Fiscal implications

None.

Effective date

This Act shall take effect September 1, 2009.