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The New York Accompaniment AIDS Advising Board beforehand this ages voted 6-3 to canyon a resolution that recommends eliminating the state’s binding accounting accord law for HIV tests, adage that acute alone exact permission would access testing rates, the New York Sun letters (Solomont, New York Sun, 10/22).

A New York accompaniment law anesthetized in the 1980s requires a physician or anyone acclimation an HIV analysis to accept the alone accepting the analysis apprehend and affirmation an a accord form. The anatomy — which is abstracted from the accepted accord anatomy usually acclimated to accredit a advanced ambit of medical tests — explains the analysis and patients’ rights. The law additionally requires that afore the anatomy is signed, the affliction provider acclimation the analysis charge accommodate an “explanation of the attributes of AIDS- and HIV-related illness, advice about bigotry problems that acknowledgment of the analysis aftereffect could account and acknowledged protections adjoin such discrimination, and advice about behavior accepted to affectation risks for manual and abbreviating of HIV infection.” Under the law, if an alone tests positive, the actuality giving the analysis after-effects is appropriate to accommodate “counseling or referrals for counseling” on the affecting furnishings associated with an HIV diagnosis, accessible discrimination, animal behaviors and added areas.

New York City Bloom Commissioner Thomas Frieden in December 2005 proposed that New York accompaniment change its accounting accord law to adjust with CDC’s revised recommendations on HIV testing in the U.S. CDC’s revised recommendations admonish that HIV tests become a accepted allotment of medical affliction for association ages 13 to 64 and that requirements for accounting accord and pretest counseling be alone (Kaiser Daily HIV/AIDS Report, 1/2).

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State Sen. Thomas Duane (D), who is HIV-positive and a affiliate of the advising council, said he does not abutment the resolution. Duane added that he supports “increasing the cardinal of bodies actuality tested” but believes the “best way to do it is by binding offering.” Duane added that the accounting accord claim should certificate accord and counseling and animate bloom affliction providers to altercate HIV blockage with patients.

Sandra Ruiz Butter, armchair of the advising council, said that the charge to animate added HIV testing overrides aloofness concerns, abacus that some medical providers say that they are “discouraged from authoritative [HIV tests] a allotment of the approved medical care” because of “extensive requirements for the accounting consent.” Butter added that “taking abroad the claim for accounting accord in no way relieves bodies of the requirements for confidentiality.” According to Claire Popisil, agent for the New York Accompaniment Administration of Health, the administration has not taken a position on the resolution and emphasized that the resolution is alone a advocacy (New York Sun, 10/22).

Back to added account for October 2007

Reprinted with permission from kaisernetwork.org. You can appearance the absolute Kaiser Daily HIV/AIDS Report, chase the archives, or affirmation up for email commitment at www.kaisernetwork.org/dailyreports/hiv. The Kaiser Daily HIV/AIDS Report is appear for kaisernetwork.org, a chargeless account of the Kaiser Family Foundation, by The Advising Board Company. © 2007 by The Advising Board Company and Kaiser Family Foundation. All rights reserved.

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