HIV/AIDS Bills Make Progress in the 2008 Legislative Session
February 22 was the deadline for members of the State Legislature to introduce bills for consideration in the 2008 legislative session. Some of the most significant pieces of legislation that have been introduced, and their progress since February, are discussed below.
CD4 Count Reporting Bill
SB 1184, introduced by Senator Sheila Kuehl (D-Santa Monica) and co-sponsored by the San Francisco AIDS Foundation, the County of Los Angeles, and AIDS Project Los Angeles, would require the reporting of CD4 cell counts for HIV/AIDS cases to the Local Health Officer.
The Centers for Disease Control and Prevention recommends that all states require laboratory reporting of all CD4 cell count and viral load test results to their state public health departments. However, currently California is one of only two states that do not require CD4 data reporting. Adding CD4 cell count reporting to the already reported viral load and HIV test results would enhance California’s efforts to estimate, assess, and address the unmet needs of people with HIV who are not receiving medical care. Additionally, because the CD4 cell count is the most routine diagnostic test for people with the HIV/AIDS, these data will help identify HIV cases not previously reported and will facilitate more timely and accurate reporting of new cases. Because much of federal HIV/AIDS-related funding is based on the state’s proportion of national HIV/AIDS prevalence, and more than two-thirds of this funding is allocated based on local case report counts, it is important for California to join with the 48 other states requiring CD4 count reports in order to generate additional federal resources for HIV/AIDS care, treatment, and services.
SB 1184 was approved by the Senate Health Committee on March 26 with an 11-to-0 vote and was placed on consent in Senate Appropriations. It is set for a floor vote on April 17 and will require a two-thirds majority vote because the bill contains an urgency clause, which would allow it to go into effect as soon as it is signed by the Governor.
Health Care Coverage: HIV Testing
Introduced by Assemblyman Paul Krekorian (D-Burbank), AB 1894 would require health care service plans and health insurers to cover an HIV test even if it is unrelated to the primary diagnosis. This bill comes on the heels of last year’s AB 682 (Berg), which minimized the consent standard for an HIV test. AB 682 was considered a critical first step in making HIV screening routine in
California. HIV advocates consider this years’ AB 1894 to be an important next step in making this new policy standard medical practice.
Currently, insurers cover an HIV test when it is provided as the primary reason for visiting a medical provider or as part of a regular physical exam. This bill aims to expand that coverage to all HIV tests, regardless of whether they are related to a primary diagnosis or are part of a regular physical exam.
AB 1894 was approved by the Assembly Committee on Health on April 14 with a vote of 12 to 5.HIV Counseling
Introduced by Assemblyman Anthony Portantino (D-Pasadena), AB 2899 would require the state Department of Public Health to develop by July 2009 an HIV counseling program available to anyone who takes an HIV test at a clinic or other site that receives state funding for HIV testing. The bill requires that the counseling program be implemented through contracts between the state and local health departments and community-based organizations. The bill also requires the Department of Public Health to develop a reimbursement schedule that accurately reflects the range of services provided under the counseling program.
HIV/AIDS advocates support changes to the current State Office of AIDS counseling model that would allow for different counseling methods to be used depending on whether the test subject has a low or high risk of exposure or is a serial tester.
This bill was approved by the Assembly Committee on Health by a vote of 11 to 3 on March 25 and was approved by the Assembly Committee on Appropriations with a 12-to-5 vote on April 9. It was then approved by the Assembly on April 14 with a 50-to-23 floor vote.
Access to Medical Records for Parolees
AB 1984, introduced by Assemblyman Sandre Swanson (D-Oakland), aims to facilitate access to medical records for parolees who were diagnosed with HIV/AIDS while serving time in state prisons. This bill also requires that inmates be offered voluntary HIV testing upon release from prison.
Currently, there is no statute in California’s Health and Safety Code specifically addressing the handling of medical records generated during incarceration. This bill provides a protocol for the Department of Corrections, with the aim of enhancing its efforts at linking parolees with HIV/AIDS to primary medical care services.
AB 1984 was approved by the Assembly Committee on Public Safety by a vote of 6 to 1 on April 1.
Page last updated: 4/28/2008