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Author Topic: The HEPA act and the laws of Southern states in the US  (Read 4216 times)

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Offline susan_s

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The HEPA act and the laws of Southern states in the US
« on: September 11, 2007, 08:59:25 PM »
This is a bit of a complicated question; I'm asking it to clear some doubts and confusion. My partner contracted HIV while being exposed to it at work with the police force in a small town in South Carolina. Shortly after, he was put on active duty and sent to Iraq where after an injury it was found that he was positive. He comes back and was sacked soon after for unspecific reasons. He says that the state of SC along with a few others in the south have a HIV database that is mandatory and can be viewed by employers of the state. Is that true? If it is, why are they getting away with it?

Offline Iggy

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Re: The HEPA act and the laws of Southern states in the US
« Reply #1 on: September 11, 2007, 10:36:21 PM »
Susan,

Employers in the U.S. can not legally obtain anyone's medical records  and use that for criteria in hiring someone.

I'm not saying that employers don't discriminate, but they shouldn't be able to access any health records of the state and therefore use such information in their hiring decisions.

Offline BT65

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Re: The HEPA act and the laws of Southern states in the US
« Reply #2 on: September 12, 2007, 07:55:47 AM »
I've never heard of an "HIV database."  I really don't think that would be legal, but I can't say for sure. 
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline Moffie65

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Re: The HEPA act and the laws of Southern states in the US
« Reply #3 on: September 12, 2007, 03:08:13 PM »
If what you are saying is true, and I certainly don't doubt you; the next step is for you to access the State Health Department, and find out who is responsible for your part of the state.  Tell them all the details, and make sure you write all this information down, and also present it in writing.  Then make sure you follow their action/inaction, and if nothing is done, then call the person in Washington DC, Department of Health and Human Services, who is responsible for HIV funding for SC.  Ask them to help you to show SC "The Light" around HIV confidentiality.  The state of SC could very well be in violation of national law, and at the same time, be in danger of being cut off from ALL HIV funding if in fact what you are saying is the way things are currently being done. 

This is a clear violation of the law and must be taken care of, and since you have the knowledge, you have also the responsibility to follow through and make them accountible.  Your sweetie might even have a legal cased if in fact this is what they are doing, so it is very important to follow up with this.

I certainly hope this helps, and I also hope I didn't scare you, but if you have any questions, please place them here so we all can discuss it.  Anything that you feel uncomfortable with, I would be glad to help via PM, but please try to use this thread if you can.

Love,
The Bible contains 6 admonishments to homosexuals,
and 362 to heterosexuals.
This doesn't mean that God doesn't love heterosexuals,
It's just that they need more supervision.
Lynn Lavne

Offline pozguy75

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Re: The HEPA act and the laws of Southern states in the US
« Reply #4 on: September 12, 2007, 05:50:09 PM »
Well here in North Carolina...I had to "register" as a person with HIV with the state health department...I was not pleased to get that call. And I was even less pleased with the affidavit I had to sign...saying that if I was to be caught having un-protected sex...even consensual...I could go to prison for up to 20 years with a class B felony on my record...

I think the south is just backwards...

And I agree with everything Moffie said by the way...
Dx 2005
ATRIPLA

Offline GSOgymrat

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Re: The HEPA act and the laws of Southern states in the US
« Reply #5 on: September 13, 2007, 06:54:31 AM »
Well here in North Carolina...I had to "register" as a person with HIV with the state health department...I was not pleased to get that call. And I was even less pleased with the affidavit I had to sign...saying that if I was to be caught having un-protected sex...even consensual...I could go to prison for up to 20 years with a class B felony on my record...


The health dept called you and said you needed to sign an affidavit?

Offline Grasshopper

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Re: The HEPA act and the laws of Southern states in the US
« Reply #6 on: September 13, 2007, 08:38:16 AM »
Well here in North Carolina...I had to "register" as a person with HIV with the state health department...I was not pleased to get that call. And I was even less pleased with the affidavit I had to sign...saying that if I was to be caught having un-protected sex...even consensual...I could go to prison for up to 20 years with a class B felony on my record...

I think the south is just backwards...

And I agree with everything Moffie said by the way...


And how were you able to circumvent this "affidavit", regarding your role in those BB movies ?

Offline sacinsc

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Re: The HEPA act and the laws of Southern states in the US
« Reply #7 on: October 02, 2007, 10:39:39 PM »
I live (hopefully temporarily) in SC, though diagnosed in DC. I havent been contacted about any list. What possibly could have happened is that if they did a reference check on your husband, his former employer could have volunteered the information. The job itself cannot discriminate because of ADA, but nothing stops a person from telling another person. This keeps my mouth shut about my HIV and and doctor appointments I go to are "because I have to monitor my liver function from my ADHD drugs" which is total BS. I know that states can create a list but it cannot be given out to the pubic or employers due to the ADA and HIPPA. My father is in the legal field here in SC, I can ask him any questions if you would like.

Matt
March 07 - Negative
May 07 - Exposed
June 07 - Seroconversion
September 07 - CD4 402 VL 118000 25%
October 07 -     CD4 294 VL 124000 22%
November 07 - Norvir, Triuvada and Reyataz
December 07 -  CD4 355 VL  550 .... guess the meds are working.
January 08 - CD4 446 VL <48 undetectable!
April 08 - CD4 554 VL <48 undetectable!
July 08 - CD4 666 VL <48 undetectable! Hporay...I have devil CD4's

Offline David_CA

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Re: The HEPA act and the laws of Southern states in the US
« Reply #8 on: October 03, 2007, 12:03:44 AM »
Well here in North Carolina...I had to "register" as a person with HIV with the state health department...I was not pleased to get that call. And I was even less pleased with the affidavit I had to sign...saying that if I was to be caught having un-protected sex...even consensual...I could go to prison for up to 20 years with a class B felony on my record...

I think the south is just backwards...

And I agree with everything Moffie said by the way...


Jer,

I've never had to sign anything like that, and I was diagnosed here!  I wonder if this was truly 'mandatory' or if you were coerced or misled into signing it.  BTW, it's the state Dept. of Health and county Health Dept, for some reason.  Anyway, they sort of work together but are separate entities.  I was contacted by the Dept. of Health, as I was listed as a syphilis contact.  They wanted to also test me for HIV, which required a separate form of some sort.  I declined.  They were not pleased that I wouldn't let them test me.  I gave the blood required for the syphilis test and again declined to allow them to test me for HIV.  They said, "we're already taking blood, why don't you let us go ahead and test for HIV".  I told them that we had discussed this and wrote 'declined' and initialed it on the HIV form.  I'd already completed a mail-in test (for HIV) and wasn't particularly pleased with how they'd handled the whole syphilis thing.  If you were receiving any sort of assistance from the state, maybe that would explain this 'registering' and 'affidavit'.

I don't think that you are required, by law, to sign anything.  I can understand that they are making you aware of the law and that you are signing something saying that they have made you aware of this law.  If this is the case, then I can understand what they did.  I will say the Dept of Health people were a bit heavy-handed and, I wouldn't be surprised if things weren't explained to you exactly as they really are. 

Betty, there is an HIV / AIDS database.  It's used for statistics and by the Fed. govt. for funding for individual states. 


David
« Last Edit: October 03, 2007, 08:38:41 AM by David_NC »
Black Friday 03-03-2006
03-23-06 CD4 359 @27.4% VL 75,938
06-01-06 CD4 462 @24.3% VL > 100,000
08-15-06 CD4 388 @22.8% VL >  "
10-21-06 CD4 285 @21.9% VL >  "
  Atripla started 12-01-2006
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05-08-07 CD4 478 @28.1% VL 740
08-03-07 CD4 509 @31.8% VL 370
11-06-07 CD4 570 @30.0% VL 140
02-21-08 CD4 648 @32.4% VL 600
05-19-08 CD4 695 @33.1% VL < 48 undetectable!
08-21-08 CD4 725 @34.5%
11-11-08 CD4 672 @39.5%
02-11-09 CD4 773 @36.8%
05-11-09 CD4 615 @36.2%
08-19-09 CD4 770 @38.5%
11-19-09 CD4 944 @33.7%
02-17-10 CD4 678 @39.9%  
06-03-10 CD4 768 @34.9%
09-21-10 CD4 685 @40.3%
01-10-11 CD4 908 @36.3%
05-23-11 CD4 846 @36.8% VL 80
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Offline leatherman

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Re: The HEPA act and the laws of Southern states in the US
« Reply #9 on: October 03, 2007, 12:57:00 AM »
I had to "register" as a person with HIV with the state health department...I was not pleased to get that call. And I was even less pleased with the affidavit I had to sign...saying that if I was to be caught having un-protected sex...even consensual...I could go to prison for up to 20 years with a class B felony on my record

Now that you mention this, I remember a similar situation when I got my HIV poz result back from the City Health Dpt, up here in Ohio in '92. I can't swear too it, but I think I also signed another similar form when I was hospitalized with PCP and got branded with AIDS in '96.

mikie
(who will be wondering again in a few months why he left sunny warm NC for cold snowy OH)
leatherman (aka mIkIE)


chart from 1992-2013; updated 2/09/13  Reyataz/Norvir/Truvada

Offline RapidRod

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Re: The HEPA act and the laws of Southern states in the US
« Reply #10 on: October 03, 2007, 05:38:10 AM »
No employer can look on the states data base to see if someone is HIV positive or not.

Offline pozattitude

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Re: The HEPA act and the laws of Southern states in the US
« Reply #11 on: October 05, 2007, 12:54:05 PM »
It is against federal law to disclose medical information to employers, PERIOD. 
Now...Jeromy, they made you sign something?  What the hell?....I did get that call from the health department when I tested poz for the first time in the system ( my first 2 POZ results where anonymous testing).  I remember they were ASSHOLES, they just made me feel like a 3rd class citizen, or worst, like a criminal.  I just ended up telling them to go fuck themselves and hanging up everytime they called... there was even 1 time when the health care worker came to my door...OH WAS I SEEING RED THAT DAY.  Oh, btw, that was in Florida.

Moffie is right, I would do some research and find out exactly what legal actions can be taken against such appalling invasion of privacy.

Rich
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