Quantcast

Subscribe to:
POZ magazine
E-newsletters
Join POZ: Facebook MySpace Twitter Pinterest
Tumblr Google+ Flickr MySpace
POZ Personals
Sign In / Join
Username:
Password:
Welcome, Guest. Please login or register.
September 23, 2014, 12:54:11 PM

Login with username, password and session length


Members
Stats
  • Total Posts: 639860
  • Total Topics: 48575
  • Online Today: 220
  • Online Ever: 585
  • (January 07, 2014, 02:31:47 PM)
Users Online

Welcome


Welcome to the POZ/AIDSmeds Community Forums, a round-the-clock discussion area for people with HIV/AIDS, their friends/family/caregivers, and others concerned about HIV/AIDS.  Click on the links below to browse our various forums; scroll down for a glance at the most recent posts; or join in the conversation yourself by registering on the left side of this page.

Privacy Warning:  Please realize that these forums are open to all, and are fully searchable via Google and other search engines. If you are HIV positive and disclose this in our forums, then it is almost the same thing as telling the whole world (or at least the World Wide Web). If this concerns you, then do not use a username or avatar that are self-identifying in any way. We do not allow the deletion of anything you post in these forums, so think before you post.

  • The information shared in these forums, by moderators and members, is designed to complement, not replace, the relationship between an individual and his/her own physician.

  • All members of these forums are, by default, not considered to be licensed medical providers. If otherwise, users must clearly define themselves as such.

  • Forums members must behave at all times with respect and honesty. Posting guidelines, including time-out and banning policies, have been established by the moderators of these forums. Click here for “Am I Infected?” posting guidelines. Click here for posting guidelines pertaining to all other POZ/AIDSmeds community forums.

  • We ask all forums members to provide references for health/medical/scientific information they provide, when it is not a personal experience being discussed. Please provide hyperlinks with full URLs or full citations of published works not available via the Internet. Additionally, all forums members must post information which are true and correct to their knowledge.

  • Product advertisement—including links; banners; editorial content; and clinical trial, study or survey participation—is strictly prohibited by forums members unless permission has been secured from POZ.

To change forums navigation language settings, click here (members only), Register now

Para cambiar sus preferencias de los foros en español, haz clic aquí (sólo miembros), Regístrate ahora

Finished Reading This? You can collapse this or any other box on this page by clicking the symbol in each box.

Author Topic: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues  (Read 4626 times)

0 Members and 1 Guest are viewing this topic.

Offline jackmax2

  • Member
  • Posts: 3
Hello,

I am a student from New Zealand who was just diagnosed. I am worried that if I disclose this information to my school for insurance purposes that this could effect my visa status and future residency and travel between countries.

Also I was tested anonymously but I was told that if you test positive then your results become un-anonymous. What is the truth in this?

Finally, I want to apply for ADAP just in case my student insurance doesn't cover what I need. I know it is a government agency and I am worried about confidentiality again.

Any law specialists out there?

Please Help.

J

Offline lydgate

  • Member
  • Posts: 1,022
  • Virgin, can't drive
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #1 on: August 19, 2006, 01:08:48 AM »
I'm in a similiar situation. I'm a student from India, and I was diagnosed nearly a year ago. I didn't have the option of withholding my status from the university since my preliminary test was ordered through student health services. However, even if I had tested elsewhere or tested anonymously, I would almost certainly have disclosed the information to a few doctors and clinics at the university, since my excellent insurance coverage is through the university. There's no way I could afford to pay for the tests and doctor visits and (at some point, presumably) meds out-of-pocket. And, in general, it makes sense for your primary care physician, the person who sees you for all your basic medical needs, not just HIV-related, to know the specifics of your health.

Like you, last year I was freaking out not only over the fact that I'd tested poz, but about visa and insurance stuff. And fighting depression. A pretty heady combination. But: my experience so far has been pretty reassuring.

First: Yes, my HIV status is part of my medical record. But for the HIV-specific information to be released to anyone, I have to sign a specific consent form each time. Sure, it's not Fort Knox-protected information, but I'm not paranoid; I don't think that medical clerks or nurses or doctors are looking at my file and waiting to spread the news, or snitch to the government.

Second: I'm in a state that has mandatory names-based reporting. (Very likely you are too.) So the Iowa health authorities do have my name and test details etc. However, when the state authorities report their pooled data to the CDC (Centers for Disease Control, the national infectious diseases agency), no names are used, only numbers or codes. Ditto when the CDC reports its data to the the DHHS in Washington, DC. There is no national database of HIV-infected individuals which uses names or other identifying characteristics. This is what I've been told and this is what I've read. And so, there is almost certainly no list of foreign nationals with HIV; certainly no such list available to every immigration and customs official at every airport.  :o

Third: I had to have a chat with a health worker for the county -- a really nice woman who talked to me about privacy, legal issues, partner notification. I was reassured on the privacy front -- apparently my file at the county health center, and even the notes she was taking, cannot be subpoenaed by any court for any reason. Not sure I believe that entirely, but it was reassuring to hear.

Fourth: US citizenship is not a requirement for ADAP or Ryan White funds. I've chosen -- for the moment anyway -- not to apply for Ryan White. This is based on what might be shaky logic: since I would like to live in the States, I want to be able to prove, not only that I will never be a "burden" on public funds in the future, but also that I've never used them in the past.

Fifth: The nurse-practitioner who helped found the university's HIV clinic in 1988 told me that she's treated many foreign students over the years and has several international students patients now. Including some who are applying for permanent residency (it's a lot tougher, but it is possible).

Sixth: My not being a US citizen is the only reason I'm not completely "out" about my status. While I don't think the government is out to "get" me, I'm not about to tell them my status. Taking it one year, one semester, one day at a time.

Seventh: I'm not sure about anonymous testing becoming non-anonymous once a positive result is found. How would that be possible, given that, by definition, an anonymous test is one in which no personal information is gathered? That is, you're a sequence of letters and numbers, not a name. But I may be missing something. And I'm hoping that someone else on these forums, familiar with the ADAP process, will be be able to answer your concerns about confidentiality.

OK. Now take a deep breath. And another. Things may seem impossible and crazy right now but you're going to be fine. Seriously, it gets better, I promise. Like I said earlier, take it one day at a time. I'm hoping you have a good support network of friends where you are. And guess what: you just found a great support network by coming here. These forums are incredible -- for information as well as love and support and friendship.

Write back with other questions, about anything. And let us know how you're doing. And welcome to AIDSmeds.

Jay
Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

George Eliot, Middlemarch, final paragraph

Offline jackmax2

  • Member
  • Posts: 3
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #2 on: August 21, 2006, 09:52:18 AM »
Excellent. Thanks for the in depth response. I think I do need to see a lawyer and make sure I unserstand the laws that apply in New York, but your encouragement is very helpful.

Thanks.

Offline mike

  • Member
  • Posts: 30
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #3 on: August 24, 2006, 07:14:15 PM »
Fourth: US citizenship is not a requirement for ADAP or Ryan White funds. I've chosen -- for the moment anyway -- not to apply for Ryan White. This is based on what might be shaky logic: since I would like to live in the States, I want to be able to prove, not only that I will never be a "burden" on public funds in the future, but also that I've never used them in the past.

I wish you the best of luck, don't want to be negative about that but i have a friend who had a J-1 visa as a student in the states and tested positive there, he had the same scenario as you but once his visa expired, that was it, he was forced to leave.
To live permanently you need a residency permit ( green card ) and you probably know that to get that card you have to take an HiV test, they will not consider anybody who tests positive for permanent entry, regardless of their health situation or past history in the United States.

Offline Hope

  • Member
  • Posts: 6
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #4 on: August 24, 2006, 09:10:11 PM »
To jackmax, lydgate and  other members that are in this visa situation.

Hi guys. I recently tested positive here in the US too and I am as paranoid as they come and I am so scared. Anyway, my main worry right now is that I am on a work visa and I would like to travel outside the USA for a few weeks and come back to the USA after my vacation. Question is, have any of you guys in the same visa situation travelled in and out of the USA? How did it go at the airport, do the officials have records of the hiv status? I am currently not on meds. Can I travel and come back to the USA without being told that i cant enter anymore. Please help me, so desperate, sad and scared!!!

Offline mike

  • Member
  • Posts: 30
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #5 on: August 26, 2006, 06:32:28 PM »
I believe that the answer to that question is you can enter again with no problem as long as you don't tell them at immigration you are HiV positive. You are not on meds which is good as you won't be carrying any  "incriminating evidence "
I don't know if those on work visas etc are required to sign a form declaring they are HiV negative, they certainly have to do that on a tourist visa at immigration and they can detain and even arrest and imprison you if they discover you are lying but it may not apply to you best to check at one of the HiV support centres in the US like the GMHC in New York.

Offline Eldon

  • Member
  • Posts: 2,664
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #6 on: August 26, 2006, 08:53:32 PM »
Jackmax, Hope, and Mike. You may want to take a moment and read over the International guidelines for the U.S. Department of State: http://travel.state.gov/travel/tips/brochures/brochures_1230.html.

Have the Best Day.

Offline mike

  • Member
  • Posts: 30
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #7 on: August 27, 2006, 07:50:41 PM »
although well intended, i don't think that will help our friends very much, it is information for american travellers in other parts of the world. it doesn't cover entry into the USA.

Offline brentxxoo

  • Member
  • Posts: 9
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #8 on: August 30, 2006, 07:40:05 PM »

I've had HIV for 17 years.  Regarding the issuance of visas and how your HIV status will affect them.  Make no mistake it could be a problem.  I married a Russian woman a couple years ago and it took a while to get her green card.  But it can be done.  But it must be done carefully and with thought.  One of the senior consulate officers came out to see my wife when the issued her I-551 because he had never seen a succesful waiver granted and wanted to see the person who managed to get one.  So my advice is to be careful.  But don't ever actually lie about something on your visa aplications that's the kiss of death right there.

If you can afford it you should speak to a lawyer who has handled HIV cases before.  The woman I used to get my wife's permanent residence was very knowledgable and skilled.  Here is her info.  I am not affiliated with her in anyway other than she was my lawyer for my wife's immigration and did a fantastic job.  One of the few lawyers I've ever used who was worth every penny.


Donna Scarlatelli, Esq.
Scarlatelli, P.A.
777 S. Palm Avenue
Suite 8
Sarasota, FL 34236

941-917-0066
941-917--0058 (fax)

donna@greencards4u.com



Offline DanKenny

  • Member
  • Posts: 147
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #9 on: November 08, 2006, 07:33:40 AM »
Hi NewZealander,

Welcome to the forum.  Your concerns are not unique.  I am in the same situation. I am also a university employee. There shouldn't be any issue with your insurance, because you are covered by the university.  They would not want to breach any HIPPAA laws.

Secondly, I would strongly urge you to avoid ADAP. If you want to adujst your status later, you want to show that you can survive on private insurance (and not dependent on state/govt funds), and taking ADAP could undermine that objective.

Re anonimity I guess your concern is that once you are tested and found +, you would be "identified" because of follow-up service.  This is generally true when you decide to seek care.  But the university or hospital would not compromise your health information and status.   If you were working for a small company (like under 25 people), I would be concerned. But with a large entity like a university, relax, and ensure you have access to good service.

Take, and keeep us posted....

Regards, Danny
« Last Edit: November 08, 2006, 07:38:01 AM by DanKenny »
My Progress:

09/07:   771   ~    <50     ~   29%
03/07:   493   ~    227      ~   22%
02/07:   Began Meds ~~ ATRIPLA
01/07:   315   ~   45, 000  ~   18%
10/06:   350   ~   32, 430  ~   22%
04/06:   440   ~   23, 997  ~   24%
07/05:   621   ~   36,000   ~   24%
01/05:   842   ~   2306      ~   28%
07/04:   615   ~   3370      ~   27%
04/04:   674   ~   739        ~   26%
11/03:   439   ~   2800      ~   22%
Infected probably around 1997 / Diagnosed 2002

Offline monmon

  • Member
  • Posts: 23
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #10 on: November 15, 2006, 03:16:47 AM »
i am in the same situation.. company is doing green card for me now... i know I need a waiver.. and I need a spouse to sponsor the waiver for me.
My concern will be in reference to the 25 or below employee company, what do i have to be worried about?

Please kindly advise.

thanks

monmon

Offline thirtysomething

  • Member
  • Posts: 124
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #11 on: December 03, 2006, 05:43:20 PM »
I moved from New York to Toronto because of my HIV diagnosis. My green card was in the last stage and I had to go for Medical examination, which is when I chickened out and moved to Toronto.

There are 2 ways you can stay in US, from what I see:

1) Get married to a US citizen and file a HIV-waiver while applying for green card. You have to be extremely careful in this case. One mistake and you will be deported back.

2) Get Canadian citizenship and stay on TN-1 visa in US forever.

I'm sticking to second option now, since I already have Canadian Permanent Residency. Though that's a different story that I'll have to live in Canada for 4 years until I get my citizenship (and hopefully I won't freeze to death in this brutal cold weather! it's 23 degrees right now!).

And once I'm back (if at all, I'm falling in love with Toronto already ;-) ), I will try for option 1.

Hope this helps!

Cheers



Offline Tucsonwoody

  • Member
  • Posts: 396
Re: New Zealander newly HIV+ in US. Please help!! Insurance and visa issues
« Reply #12 on: December 03, 2006, 06:29:45 PM »
It may not be exactly the info you are looking for, but there might be some usefull links and other info for you that might help in this Aidsmeds posting called Traveling to the States:  http://forums.poz.com/index.php?topic=6355.0

Good luck with your issue and your health.
And I wished for guidance, and I wished for peace
I could see the lightning; somewhere in the east
And I wished for affection, and I wished for calm
As I lay there - Nervous in the light of dawn

 


Terms of Membership for these forums
 

© 2014 Smart + Strong. All Rights Reserved.   terms of use and your privacy
Smart + Strong® is a registered trademark of CDM Publishing, LLC.