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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

Federal and State Laws

 

 

Main topics can be found within the left column; sub-topics and/or research reports can be found near the bottom of this page.  Thank you

 

We offer a monthly newsletter dealing with the various issues surrounding infectious diseases.  To find out more click HERE.

"Home Discrimination Harassment Employment Legal Help Resources Court Rulings Government Information Articles Law Offices of David H. Greenberg California Family Rights Act

The following is from an information sheet distributed by the California Department of Fair Employment and Housing

Sections 12945.1 and 12945.2 of the Fair Employment and Housing Act (FEHA) contain provisions relating to family care and medical leave entitlement The Fair Employment and Housing Commission's (FEHC) interpretation of these provisions is contained in Section 7297.0 of the California Code of regulations.

In addition to the family care and medical leave requirements of the FEHA, employers of five or more persons have additional obligations pertaining to pregnancy ability leave.

The federal Family and Medical Leave Act (FMLA) also ensures family care or medical care leave entitlement (29 USC § 2601 et seq. Implementing regulations are contained in 29 CFR Part 825). The FMLA is enforced by the Wage and Hour Division of the US Department of Labor. The CFRA and pregnancy disability leave provisions of state law are enforced by the Department of Fair Employment and Housing (DFEH). Where differences between federal and state law exist, employers should comply with those provisions that are most beneficial to the employee. " More info on the Family and Medical Act

ADDITIONAL ARTICLES:

Document Name & Link to Document

Description

File Size /Type

A guidebook for Resettlement Agencies Serving Refugees with HIV/AIDS

The purpose of this publication is to assist resettlement agencies in preparing for and providing care to refugees who are living with HIV/AIDS

69 kb pdf

AIDS TESTING AND MEDICAL INFORMATION Legal Issues- Connecticut The Connecticut General Assembly established protections regarding the confidentiality of individuals with HIV infection or AIDS in 1989. Below is the current language, which was updated in 1997 and again in 1999.  

AN ACT Relating to hepatitis C-Wash. State

Our introduction to the legislative process began in April 2001.  I began with the introduction of the Hepatitis C Virus and its prevalence in the State of Washington and our country. 

 

Atlantic city-Needle exchange program a proposal to implement the state's first needle-exchange program,  

Bioterrorism-Coordination & Preparedness Report.

 GAO report before subcommittee

 1,229 kb pdf

CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND NUCLEAR COUNTERMEASURES

securing the people, infrastructures, property, resources, and systems in the United States from acts of terrorism involving chemical, biological, radiological, or nuclear weapons or other emerging threats

 

Childhood-Disability Evaluation Under Social Security-2003
The sections provide medical criteria for the evaluation
 of impairment of children under 18

 

502 kb pdf
Confidentiality / Law Related for Montana Confidentiality of health care information. Health care information in the possession of the department, a local board, a local health officer, or their authorized representatives may not be released except:  
Court Holds Hospital Has Duty to Warn a Third Party In a case that greatly extends the duty of health care professionals to take affirmative action to protect a third party with whom the facility or professional has not had contact, the Corpus Christi Court of Appeals recently held that:  

Court Order for HIV testing.

Form

35 kb pdf

EMTALA: A general guide for the physician assistant
Advocacy groups for patients' rights are becoming more 
prominent and vocal in the United States. Some consumer groups 
have begun to publish information on the Internet about the EMTALA 
compliance of physicians and hospitals. One Web site, for example, 
lists 527 confirmed EMTALA violations at hospitals between 1997 
and 2001 and notes that one in five US hospitals has been cited for 
EMTALA violations since 1988. Some hospitals are now beginning 
to distribute patient rights brochures, which detail what each patient 
should expect when visiting the hospital. The distribution of these 
brochures appears to be a response to growing emphasis on patient 
rights and the dissemination of EMTALA information and increased 
EMTALA violation assessments.
 
EMTALA: The Basic Requirements, Recent Court Interpretations, and More HCFA Regulations to Come
In 1994 the Health Care Financing Administration (HCFA) issued
 interim final regulations to implement EMTALA (42 CFR 489). Yet, due
 to federal Paperwork Reduction Act "technicalities," the regulations 
were not enforced until September 1995. Over the succeeding years, 
the regulations have been amended to add additional requirements for 
hospitals and physicians.  Also, included in this report are several 
court cases and their resolutions
 
EMTALA-complete regulations from the Department of Health and Human Services
Medicare Program—Clarifying policies related to the responsibilities of 
Medicare-participating hospitals in treating individuals with Emergency
Medical Conditions
pdf
EMTALA-Implementations and Enforcement Issues—a GAO report
EMTALA requires hospitals that participate in Medicare to provide a 
medical screening examination to any person who comes to the 
emergency department, regardless of the individual’s ability to pay.  
If a hospital determines that the person has an emergency medical 
condition, it must provide treatment to stabilize the condition or provide 
for an appropriate transfer to another facility.
pdf
EMTALA-State Operations Manual
Interpretive guidelines, responsibilities of Medicare participating 
hospitals in emergency cases
pdf
Federal Appeals Court Rules In Landmark Case That Health Care Workers Cannot Refuse To Treat People With HIV "This ruling is an important victory for men, women and children everywhere who face discrimination because of their HIV status," said Bennett H. Klein, director of the AIDS Law Project for Gay & Lesbian Advocates & Defenders (GLAD) in Boston, which represented the plaintiff in the case along with David G. Webbert, Esq. of Augusta, Maine. Added Klein, "this victory is the first appellate decision in the country to reject the argument that a doctor can refuse to treat a patient with HIV or AIDS because of the irrational fear of transmission of HIV from a patient to a doctor or other patients. The Court sent a clear signal to doctors and dentists that discrimination against the nearly one million Americans living with HIV will not be tolerated and is scientifically unjustified."  
FMLA Frequently asked Questions and Answers  

Health Care Assurance Act of 2001

Act that was submitted to Congress

 

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 was signed by President Clinton August 21, 1996 as Public Law 104-191. Included in the law is a separate section intended to reduce the administrative costs of health care

 

Health Officials Push Stronger Quarantine Law Colorado's chief medical officer is promoting a stronger
quarantine law for infectious diseases and bioterrorism. 
 
HIV and AIDS Related Information-New York Listing of statues concerning HIV/AIDS for the State of New York 105 kb pdf
HIV/AIDS Testing, Reporting and Confidentiality of HIV-Related Information New York State "Confidential HIV-related information" means any information, in the possession of a person who provides health or social services or who obtains the information pursuant to a release of confidential HIV-related information, concerning whether an individual has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contacts.  
House Bill H.R. 3539 A bill to amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection pdf
How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers The Americans with Disabilities Act (ADA) is a federal civil rights law that applies to people with disabilities and protects them from discrimination. The Equal Employment Opportunity Commission (EEOC), a Federal government agency, enforces the sections of the ADA that prohibit employment discrimination. This Guide explains these ADA employment rules for the food service industry.  
HUD-Homeless Management Information Systems (Large file-please allow extra time for download) This program requires organizations providing services to the homeless to collect certain data and report that data to HUD for use in a federal database.  Although the exact terms of use of the database vary by region, at a minimum the data will be accessible to other service providers within the same region.  The stated purposes of the program include allowing HUD to get an unduplicated count of homeless persons and to encourage coordination among different providers.  The collection of this information, however, poses some very serious privacy concerns.  Particularly troubling is that service providers are encouraged/required to report HIV status, medical treatment, and mental health status (among other information) in a format that does nothing to protect the privacy of the individuals involved - their names, social security numbers and other identifying information will also be available in the database.  Whether a person sought treatment from an HIV-related care provider would also be included in the database.  While HUD has encouraged the use of certain security protections for the data, we are also concerned that the required protections do not appear to go far enough to protect the confidentiality of this information.  1006 kb pdf

Job Interview Questions that you can and Can't ask under ADA

According to the EEOC, you should never ask the following questions in a job interview:

 

Legislative Survey of State Confidentiality Laws, with Specific Emphasis on HIV and Immunization
The ways in which our modern medical and public health systems 
collect, store, and use personally identifiable information have 
increased both the potential benefits from access to such information 
and the possible harms from improper uses and disclosures. The 
report examines the importance of both the collection of health 
information and the protection of its privacy
 
Mandatory Reporting of Infectious Diseases by Clinicians Reporting of cases of communicable disease is important in the planning and evaluation of disease prevention and control programs, in the assurance of appropriate medical therapy, and in the detection of common-source outbreaks. In the United States, the authority to require notification of cases of disease resides in the respective state legislatures. We examined the laws and regulations of health departments of all US jurisdictions to ascertain diseases and conditions currently required to be reported in each state or territory. We present herein the state reporting requirements for infectious diseases and infectious disease-related conditions. To obtain additional information regarding time frames for reporting, agencies to which reports are required, persons required to report, and specific conditions under which reports are required, the reader is referred to the statutes and health department regulations of the respective states.  
Missouri State Law regarding the reporting of Diseases
The following diseases are reportable and must be communicated 
to the health department within certain time frames. This list is 
very extensive, and is broken down by the time allotted for 
reporting the disease (depending on how serious or infectious 
the diseases or conditions)
 

Model State Public Health Privacy Act, with comments

(Large report-increased down-load time)

The purpose of the Model State Public Health Privacy Act project is to develop a model state law [hereinafter the "Act"] addressing privacy and security issues arising from the acquisition, use, disclosure, and storage of identifiable health information by public health agencies at the state and local levels. The Act regulates the acquisition, use, disclosure, and storage of identifiable, health-related information by public health agencies without significantly limiting the ability of agencies to use such information for legitimate public health purposes.

  852 kb pdf

National Surveillance System For Health Care Workers

Needlestick and other percutaneous injuries (PIs) pose the greatest risk of occupational transmission of bloodborne viruses to health-care workers (HCWs). The annual number of PIs sustained by U.S. HCWs have been estimated using a variety of methods and have ranged from 100,000-1,000,000.

 

needle exchange-a matter of public health. So why is the government playing politics with this ticking time bomb? 24 kb pdf

Patriot Act

Georgetown University Law professor David Cole and the Center for Democracy and Technology's James Dempsey published the first edition of their work Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security. It detailed the enactment of the 1996 Antiterrorism and Effective Death Penalty Act- which, at the time, was famous not so much for its terrorism provision, but rather for its draconian pro-death penalty and anti-habeas corpus provisions.

  pdf

Personnel- Perpetually Infectious Diseases, Nebraska school system
"Perpetually infectious diseases" are those diseases which are 
carried throughout life by the infected person and have the potential 
to be transmitted to other individuals and include but are not limited 
to: AIDS, ARC, CMV (as defined below), Tuberculosis, Hepatitis, 
and Herpes.
 
REGRESSIVE HIV-AIDS LAW IN NORTH DAKOTA
Making North Dakota the first state to confine people suspected 
of having HIV, Governor Edward Schafer today signed a controversial 
measure that gives judges the power to detain a person without a 
hearing, and force that person to take a blood test for HIV.
 
Release of Behavioral Health, Developmental Disabilities, HIV, and Substance Abuse Information: Guidelines for Legal Compliance Hospital, physician practices, and other health care facilities are repositories for much medical information.  Safeguarding the confidentiality of such information is a significant issue for any hospital or other health care entity that keeps patient medical records to maintain patient confidence and to avoid liability.  Because damages could ensue should inappropriate disclosure occur, patient records containing behavioral health, developmental disabilities, HIV, and substance abuse information must be handled with special attention, in accordance with state and federal laws, rules, and regulations.  Individuals involved in health information management should be well-informed about patient confidentiality requirements overall and should also track these areas carefully to develop and implement appropriate policies and procedures governing the release of patient information 50 kb pdf
Rules of the Illinois Department of Public Health HIV/AIDS CONFIDENTIALITY AND TESTING CODE  

Ryan White Care Act-1990

Federal Law to assist those positive with HIV/AIDS

143 kb pdf

Ryan White Care Act-2000

Federal Law to assist those positive with HIV/AIDS

26 kb pdf

Self-Incrimination, Partner Notification, and the Criminal Law: Negatives for the CDC’s “Prevention for Positives” Initiative On 18 April 2003, the Centers for Disease Control and Prevention (CDC) announced a new HIV prevention initiative, “Prevention for Positives,” which emphasizes partner-notification activities for individuals who have already been diagnosed with HIV. The CDC failed, however, to address significant criminal law issues that are presented by this initiative. The proposed partner notification activities involve patients’ voluntary identification of contacts at risk for HIV transmission. But because all states have laws that make it a crime to knowingly expose another person to HIV, information provided by patients for partner-notification purposes is in most cases evidence of a crime. Little if any confidentiality protections prevent law enforcement officials from obtaining test results, records of counseling sessions, or similar information from the records of health or social service providers. Prevention for Positives thus exposes patients to an unacknowledged risk of criminal prosecution, which may severely inhibit future cooperation among those infected.  

State Emergency Health Powers 
and the Bioterrorism Threat

On April 26-27, 2001, the Centers for Disease Control and Prevention, American Bar Association Standing Committee on Law and National Security, and the National Strategy Forum cosponsored a conference on "State Emergency Public Health Powers & the Bioterrorism Threat."

 

State Policy and Program Issues Listing of several US State Laws concerning infectious diseases  

Testimony on Hepatitis C by David Satcher, M.D., Ph.D.

Before the House Committee on Government Reform and Oversight, Subcommittee on Human Resources March 5,1998

 

The Family and Medical Act

Home Discrimination Harassment Employment Legal Help Resources Court Rulings Government Information Articles Law Offices of David H. Greenberg California Family Rights Act

 

The Hepatitis C Epidemic Control and Prevention Act

To amend the Public Health Service Act to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection, to include the following:

 

Utah-Communicable Disease Rule
This rule outlines a multidisciplinary approach to communicable and 
infectious disease control and emphasizes reporting, surveillance, isolation,
 treatment and epidemiological investigation to identify and control preventable 
causes of infectious diseases
120 kb pdf

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