AIDS and the Law, Fourth Edition

AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law.

AIDS and the Law brings you up-to-date on the latest developments, including:

• Updates on HIV prevention breakthroughs, including research results of a study of couples demonstrating that initiation of antiretroviral therapy for the partner with HIV resulted in a 96 percent reduction in risk of sexual transmission of HIV to the uninfected Partner
• Critical review of the decision of the Court of Appeals for the Tenth Circuit in EEOC v. C.R. England, Inc., which held that in a case in which the defendant trucking company's requirement that a driver/trainer disclose his HIV status to driver trainees was nothing more than a "perceived indignity" that did not rise to the level of an adverse employment action under the Americans with Disabilities Act
• Analysis of the Equal Employment Opportunity Commission's new regulation implementing the Americans with Disabilities Act, as amended in 2008, and identifying HIV infection as a disability
• Discussion of P.R. v. Metropolitan School District of Washington Township, in which a federal district court ruled that in order to prevail, an HIV-positive high school student must be able to prove that the defendant school district deliberately ignored and knowingly refused to take action on the student's complaints that she was subject to harassment because of her HIV status
• Critical analysis of recent decisions, such as Clayton v. Curtin, in which criminal defendants with HIV have received lengthy prison sentences under state HIV-specific criminal statutes for behavior that poses only a theoretical or speculative risk of HIV transmission
• Explanation of the Patient Protection and Affordable Care Act's "essential benefits" mandate and its impact on access to health insurance for individuals with HIV
• Litigation updates on claims of constitutionally inadequate health care for prisoners with HIV, such as the Court of Appeals for the First Circuit ruling in Leavitt v. Correctional Medical Services, Inc., which held that a state prison's 17-month delay in initiating antiretroviral therapy for a prisoner known by health care staff to have symptomatic HIV disease did not result in viable claim of deliberate indifference to a serious medical need

• 1. AN INTRODUCTION TO THE MEDICAL ASPECTS OF HIV DISEASE
  • Historical Background
  • Human Retroviruses
  • Epidemiology
  • U.S. Surveillance of HIV Infection
  • U.S. Surveillance of AIDS Cases
  • HIV Transmission
  • HIV Testing
  • Clinical Progression of HIV Disease
• 2. HIV AND PUBLIC HEALTH LAW
  • Legal Restrictions to Prevent Transmission
  • Information Access, Censorship, and Education
  • Access to Health Care and Other Services
  • Regulation of HIV Testing and Confidentiality of HIV Information
• 3. HIV AND EMPLOYMENT
  • Americans with Disabilities Act of 1990
  • Rehabilitation Act of 1973
  • Family and Medical Leave Act
  • HIV/AIDS and the Armed Forces
  • Constitutional Rights and HIV in the Workplace
  • State and Local Employment Standards
  • Workplace Safety Standards
• 4. ACCESS TO PUBLIC SERVICES AND ACCOMMODATIONS
  • Americans with Disabilities Act of 1990
  • Rehabilitation Act of 1973
  • Other Federal Statutory Right-of-Access Provisions
  • Constitutional Claims
  • State Law Disability Discrimination
• 5. SCHOOLS AND EDUCATIONAL PROGRAMS
  • Individuals with Disabilities Education Act (IDEA)
  • Exclusion and Segregation
  • Confidentiality
• 6. HIV/AIDS AND HOUSING
  • The Problem of Homelessness and HIV
  • Housing Opportunities for Persons with AIDS (HOPWA)
  • Fair Housing Act
  • State and Local Nondiscrimination Laws
  • Disclosure of HIV Information in Real Estate Transactions
  • Succession of Rights in Shared Housing
• 7. CRIMINAL LAW
  • The Problems Inherent in a Criminal Justice Response to an Epidemic
  • Persons with HIV as Crime Victims: Hate Crime Legislation and Related Issues
  • HIV and Substantive Criminal Law Issues
  • HIV Testing and Disclosure of HIV Status
  • Fair Trial and Post-conviction Issues
• 8. NEGLIGENCE AND INTENTIONAL TORTS
  • Tort Causes of Action Relating to HIV Transmission
  • Cause of Action for Fear of HIV/AIDS
  • Causes of Action for Informational Torts
• 9. PUBLIC BENEFITS FOR PERSONS WITH HIV
  • Disability Income Programs
  • Social Security Procedure
  • Sequential Evaluation of Disability Claims
  • Social Security's Listings for HIV Disability
  • Disability Based on Mental Illness
  • Disability Based on Substance Abuse
  • Practice Pointers for Proving Disability
  • Social Security Post-entitlement Issues
  • Veterans' Disability and Health Benefits
  • Medicaid
  • Medicare
  • HIV-Specific Public Health Programs
• 10. GLOBAL ASPECTS OF HIV/AIDS
  • The HIV/AIDS Pandemic
  • Responses to the HIV/AIDS Pandemic
  • Denominators of Successful HIV/AIDS Prevention Programs
  • International Human Rights Law
  • Health as a Human Right
  • Human Rights Violations Against Persons with HIV
  • International Instruments to Support Persons with HIV
  • Indirect Protection Under International Human Rights Declarations
  • Additional Specific Protection for Persons with HIV
  • Other National Developments
• 11. IMMIGRATION LAW
  • Overview of Immigration Law
  • Inadmissibility Grounds
  • Inadmissibility Based on HIV Infection Prior to the Repeal of the HIV Inadmissibility Ground
  • Immigrant Eligibility for Public Benefits
  • Immigration Consequences of Receiving Public Benefits
  • Employment Issues
• 12. PRIVATE INSURANCE
  • Overview of the Insurance Market
  • Access to Insurance Coverage
  • Overview of Nondiscrimination in Coverage
  • Confidentiality of Insurance-Related Information
  • Overview of Using Coverage/Claim Denials: General
  • Keeping Coverage
  • Miscellaneous State Statutory and Administrative Protections
• 13. ISSUES IN FAMILY LAW FOR PEOPLE WITH HIV
  • Marriage
  • Parenting and HIV
  • Separation and Divorce
  • Custody and Visitation
  • Permanency Planning
  • Foster Care
  • Termination of Parental Rights
  • Adoption Assistance
• 14. PRISONS AND JAILS
  • Prison Litigation Reform Act
  • HIV Testing in Prison
  • Challenging Segregation and Other Forms of Discrimination
  • Liability for Failing to Protect from Harm
  • Prisoners’ Constitutional Right to Privacy Regarding HIV Status
  • Accessing Health Care for Prisoners with HIV/AIDS
  • Early Release Programs
• Table of Cases
• Code of Federal Regulations