GAY Oh look, another AIDS thread

dbzeag

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Jun 9, 2006
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So a friend of mine was recently diagnosed with HIV. He had a very surprising warning from his doctor who tested him; that he was lawfully required to release my friend's name to the state government that he was positive, even on his private insurance.

I would have thought that was a blatant breech of doctor-patient confidentiality. What other test results or medical conditions would require public disclosure like that?

I think it's terribly wrong to force the doctor or even the patient to disclose ANY diagnosis. Also what does that mean to those "anonymous" or "confidential" testing facilities. Are they still really anonymous?

The CDC is forcing my friend to call all of his partners he's been with to talk about it. He was doing this anyway just as a convenience, but he is required to do it now. The law states that if you knowingly have sex with someone while you are infectious and do not tell your partner, that is a felony, but if you didn't know prior to that test, now you have to go back and tell them retroactively.

He is also forced to attend meetings about HIV and sexual addiction. His diagnosis goes on his federal medical record and will blacklist him from most private insurances.

What are your thoughts? I wish Australians still posted here :(
 

ZRH

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Mar 5, 2005
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Off the top of my head:
Typhus
Tuberculosis
Smallpox
Polio

More:
Plague
Syphilis
Equine Encephalitis

There is a thing called the "public health."
 
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dbzeag

Wants to kiss you where it stinks
Jun 9, 2006
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ALL INFECTIOUS DISEASES (may/can) REQUIRE CDC NOTIFICATION >.<

So if I get the flu the CDC will ask me questions, call me, tell me to stay indoors, and document every person I have been in contact with since the last arbitrary date?
 

Coqui

Piccolo Pete
Oct 14, 2004
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I think its bullshit that his doctor would disclose this to others. That is definitely a HIPAA violation.

Also unless they repeal Obamacare, he can't be turned down by insurance companies.
 

dbzeag

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Jun 9, 2006
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I think forcing people to confront past partners is a good idea. Whether it's right, I dunno, you can't be selfish and think of yourself with things like that, if you gave it to someone they have a right to know.
That's why he took it upon himself to do that. To at least inform his past partners there might be a risk. But to have the CDC follow up on that is really shady.
 

Coqui

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So if I get the flu the CDC will ask me questions, call me, tell me to stay indoors, and document every person I have been in contact with since the last arbitrary date?

The flu has a vaccine as well as not as lethal. The CDC wouldn't contact you at all unless you had a new strain.
 

dbzeag

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Jun 9, 2006
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I think its bullshit that his doctor would disclose this to others. That is definitely a HIPAA violation.

Also unless they repeal Obamacare, he can't be turned down by insurance companies.
His doctor would be arrested if he didn't. It would be like falsifying a diagnosis when reporting if he didn't call CDC after test came back positive.
 

plot

Morning Boehner
Oct 16, 2006
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Its an attempt to stop the spread of it for public safety and given its infectious nature I can see why others would want to know. Having him retroactively tell past partners is just so they'll get checked and stopped before they unknowingly spread it to more people. Its just containment.

I agree with the felony thing.

preexisting medical conditions are required by insurance companies regardless of some list, so he would have to tell them he has hiv before they accepted him anyways.
 

Floptical

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Sep 1, 2006
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So if I get the flu the CDC will ask me questions, call me, tell me to stay indoors, and document every person I have been in contact with since the last arbitrary date?

Stop trying to compare HIV to the flu. That is your excuse every time. The potential to die from the flu is not comparable to the potential to die from HIV or a result of HIV.
 

ZRH

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So if I get the flu the CDC will ask me questions, call me, tell me to stay indoors, and document every person I have been in contact with since the last arbitrary date?
Yes, and they can hold you under "arrest" indefinitely. It's called an order of isolation. They can also compel treatment.

Next question.
 

Floptical

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This happened last week and is an example of why it's important that people be forced to release that information. Granted this guy was a prostitute but if there were tougher laws in effect they would be able to treat it more as a crime than they can now and possibly prevent the spread. That is the basic thing they are trying to do. It's not about invasion of privacy or anything like that it's basic protection of the public from a deadly disease that have almost a 100% kill rate. That protection comes from having all of the information possible by anyone infected to prevent possible spread. This should be the same thing from any disease that comes with an almost guaranteed death sentence.



DENVER - Police say prostitution is increasingly becoming a problem along parts of Colfax Avenue. Wednesday afternoon, undercover SWAT team agents arrested 14 people for prostitution - 13 women and a cross dressing man named Darren Garcia who has AIDS.

"The undercover officer contacted Garcia and an exchange for sex was made," Lieutenant Aaron Sanchez said.

It turns out, Wednesday's arrest wasn't Garcia's first. 9NEWS uncovered documents that show Garcia has been arrested eight different times for prostitution. Three of those arrests show that Garcia knew he had the deadly virus.

"In six of the other cases, he was in Adams County and he didn't acknowledge [he had AIDS] and enough evidence wasn't obtained to find out that he was HIV positive," Sanchez said.

Garcia's Aunt says she has tried warning her nephew to stop prostituting, but she says he would not listen. The aunt says she apologizes to the community on behalf of her nephew.

The District Attorney's office says they will be reviewing the case as a habitual charge which would carry a maximum sentence of nine years in prison.
 

Coqui

Piccolo Pete
Oct 14, 2004
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I dunno-- you could argue that he is a public health risk. Doctors are also obligated to report tuberculosis and the nastier parts of the hepatitis alphabet, aren't they?

After reading more into this, they are still maintaining confidentiality. It is out in the Health Department record but is not out there for everyone. The patient also has to approve the notification.

The CDC also will not have your name, nor will they force you to contact your partners. I'm reading this directly from the Health Department webpage regarding HIV and HIPAA.