AIDS Prevention Act of 1990

Summary

AIDS Prevention Act of 1990 - Title I: Preventive Health Services with Respect to Acquired Immune Deficiency Syndrome - Amends the Public Health Service Act to create a new title on preventive health services with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make allotments to States, and authorizes the Secretary, through the Director, to make grants to public and nonprofit private entities who have Medicaid provider status and who meet other requirements, for: (1) counseling; (2) testing, including testing for infection, testing regarding the extent of deficiency in the immune system, testing relating to preventing and treating deterioration of the immune system, and testing relating to preventing and treating conditions arising from the infection; and (3) providing therapeutic measures. Requires information regarding the receipt of services to be kept confidential in a manner not inconsistent with applicable law. Requires counseling and written informed consent prior to testing. Allows: (1) use of a pseudonym in signing a consent form; and (2) consent to be given orally when an individual is to undergo testing without providing any identifying information. Requires counseling before testing and, for both individuals with negative and individuals with positive results, after testing. Requires that opportunities be made available for individuals (including women, children, hemophiliacs, and emergency response employees) to undergo counseling under conditions appropriate to their needs. Allows counseling without testing. Requires that testing by grant recipients for infection be carried out in accordance with the requirements of this Act regarding confidentiality, informed consent, and counseling regardless of whether the testing is carried out with Federal funds. Requires grant recipients who regularly provide treatment for sexually transmitted diseases, who regularly provide treatment for intravenous substance abuse, who are family planning clinics, who provide treatment for tuberculosis, or who regularly provide health care for pregnant women offer and encourage preventive health services to individuals to whom the recipient provides services. Requires a State grant recipient to: (1) encourage individuals in the State receiving a transfusion of any blood product between January 1, 1978, and April 1, 1985, to receive preventive health services; and (2) inform such individuals of public health facilities in the geographic area that provide such services. Declares that individual notifications are not required. Requires a State grant recipient to require that any entity carrying out such testing confidentially report to the State public health officer information sufficient to: (1) perform statistical and epidemiological analyses of the incidence of infection; (2) perform statistical and epidemiological analyses of the demographic characteristics of infected individuals; and (3) assess the adequacy of preventive health services. Requires a State grant recipient to require that the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of partner notification with respect to infection. Mandates that States prohibit acts which knowingly expose nonconsenting or other individuals to the etiologic agent through a donation of blood, semen, or breast milk, through sexual activity, through sharing of hypodermic needles, or through any behavior with the intent to expose another nonconsenting person. Requires that States authorize a civil cause of action and a criminal penalty for violation of these prohibitions. Authorizes the Secretary to make grants to States for preventive health services to individuals sentenced by the State to imprisonment. Requires matching non-Federal contributions in specified ratios. Mandates that States: (1) require testing of prisoners upon entering the State penal system and during the 30-day period before release; (2) inform any penal system employee, on request of the employee, if the employee has a reasonable basis for believing that the employee may have been exposed by an individual to the etiologic agent, of that individual's test results; and (3) inform the spouse of the individual prior to each conjugal visit and prior to release. Requires all prison employees and such spouses to be informed of the availability of the test results. Requires confidentiality of test results, except for the disclosure authorized in these provisions and disclosures as medically necessary. Applies the prison testing requirements only to prisons meeting requirements relating to the prevalence of infection with the etiologic agent or, in the absence of infection data, the prevalence of cases of AIDS in the geographic area in which inmates of the prison involved resided before incarceration. Authorizes appropriations for the prison testing grants. Requires that, to the extent permitted under State law, grant recipients offer substantial opportunities for an individual to undergo counseling and testing without giving any identifying information or using a pseudonym. Prohibits requiring an individual to undergo testing as a condition to receive other health services unless the testing is medically indicated in the provision of the health services sought by an individual. Limits the imposition of fees for preventive health services under this Act. Authorizes appropriations. Requires that counseling programs carried out under this Act: (1) not be designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual; (2) be designed to reduce exposure to and transmission of the etiologic agent for AIDS by providing accurate information; and (3) provide information on the health risks of promiscuous sexual activity and intravenous drug abuse. Title II: Emergency Relief for Areas with Substantial Need for Services - Directs the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants in any metropolitan statistical area (eligible area), as specified by the Secretary, that has reported more than 2,000 AIDS cases and that meets other requirements. Requires that the grants be made only to the chief elected official of the city, urban county, or other political subdivision that administers the public health agency serving the greatest proportion of individuals with AIDS in the eligible area. Requires that the grants be used to: (1) enhance the quality of services to low income individuals and families with HIV disease; (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services; (3) prevent unnecessary inpatient hospitalization; and (4) expedite the provision of services in the most medically appropriate level. Requires that political subdivision grant recipients agree to provide services only through clinics, sub-acute care facilities, community health centers, hospices, or ambulatory care facilities that: (1) provide health care to a disproportionate share of low-income individuals and families with HIV disease; (2) incur uncompensated costs in providing such care; and (3) with regard to services covered by Medicaid, have Medicaid provider status. Requires the administering local political subdivision to establish: (1) a mechanism to allocate funds and services based on the proportion of AIDS cases and the severity of need of the subdivisions; and (2) an HIV health services planning council. Requires such chief elected official to provide for the council, either by establishing it directly or by designating an existing entity to serve as the council. Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants. Requires, in order to receive a grant, that an eligible area submit an application containing, among other elements, an assurance that agencies and institutions in that area that will receive grant funds will be participants in an established HIV community-based continuum of care. Authorizes appropriations. Title III: Emergency Response Employees - Directs the Secretary to make grants to States and their political subdivisions to assist in the implementation of Federal law mandating the dissemination of guidelines to emergency response employees (EREs) regarding reducing the risk in the workplace of becoming infected with the etiologic agent for AIDS and circumstances under which exposure may occur. Authorizes appropriations. Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death. Sets forth notification procedures. Requires that the public health officer of each State designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility. Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim or an ERE; or (3) failure to respond, or denial of services. Provides for enforcement through injunctions. Title IV: Health Care Services - Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants for demonstration projects to provide comprehensive treatment services for individuals infected with the etiologic agent for AIDS. Authorizes appropriations. Authorizes the Secretary, through the Administrator, to make grants to States to assist in purchasing and distributing certain AIDS-related drugs. Authorizes appropriations. Title V: Certain Definitions - Sets forth definitions for purposes of the new title of the Public Health Service Act, on preventive health services with respect to AIDS, as added by this Act. Title VI: General Provisions - Mandates a study relating to the incidence of AIDS and infection with the etiologic agent for AIDS in rural areas, and the adequacy of related diagnostic and treatment services in such areas.

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Timeline

1. 10 May 1990

   Committee

   For Previous Action See H.R.4470.

   Source: Committee

2. 10 May 1990

   Introduced

   Referred to the House Committee on Energy and Commerce.

   Source: IntroReferral

3. 10 May 1990

   Introduced

   Introduced in House

   Source: IntroReferral

4. 10 May 1990

   Introduced

   Introduced in House

   Source: IntroReferral

5. 15 May 1990

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

6. 15 May 1990

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

7. 24 May 1990

   Passed

   Mr. Waxman asked unanimous consent that the Committee on Energy and Commerce have until 5:00 p.m. on May 31 to file a report on H.R. 4785. Agreed to without objection.

   Source: Committee

8. 31 May 1990

   Reported

   Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-511.

   Source: Committee

9. 31 May 1990

   Calendars

   Placed on the Union Calendar, Calendar No. 308.

   Source: Calendars

10. 31 May 1990

    Reported

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 101-511.

    Source: Committee

11. 7 June 1990

    Reported

    Rules Committee Resolution H. Res. 408 Reported to House. Rule provides for consideration of H.R. 4785 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider an amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill as an original bill for the purpose of amendment. No amendment to said substitute shall be in order except the amendments printed in the report of the Committee on Rules accompanying this resolution, debatable for the period specified and not subject to amendment except as specified in the report. The amendments of Mr. Madigan shall be considered en bloc. Measure will be read by section. Specified amendments are in order. Upon passage of H.R. 4785, it shall be in order to take from the Speaker's table the bill S. 2240 and to consider said bill in the House. It shall then be in ...

    Source: Floor

12. 13 June 1990

    Passed

    Rule H. Res. 408 passed House.

    Source: Floor

13. 13 June 1990

    Floor

    The Speaker designated the Honorable Kweisi Mfume to act as Chairman of the Committee.

    Source: Floor

14. 13 June 1990

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 408 and Rule XXIII.

    Source: Floor

15. 13 June 1990

    Floor

    Rule provides for consideration of H.R. 4785 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. It shall be in order to consider an amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill as an original bill for the purpose of amendment. No amendment to said substitute shall be in order except the amendments printed in the report of the Committee on Rules accompanying this resolution, debatable for the period specified and not subject to amendment except as specified in the report. The amendments of Mr. Madigan shall be considered en bloc. Measure will be read by section. Specified amendments are in order. Upon passage of H.R. 4785, it shall be in order to take from the Speaker's table the bill S. 2240 and to consider said bill in the House. It shall then be in ...

    Source: Floor

16. 13 June 1990

    Floor

    Considered under the provisions of rule H. Res. 408.

    Source: Floor

17. 13 June 1990

    Floor

    Laid on the table. See S. 2240 for further action.

    Source: Floor

18. 13 June 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

19. 13 June 1990

    Vote

    On passage Passed by recorded vote: 408 - 14 (Roll No. 168).

    Source: Floor

20. 13 June 1990

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 408 - 14 (Roll No. 168).

    Source: Floor

21. 13 June 1990

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

22. 13 June 1990

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

23. 13 June 1990

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4785.

    Source: Floor

Votes

No vote records are attached yet.

Versions

• Introduced in House · — · Download file
• Reported in House · — · Download file

Documents

5 official files

• Reported in House (text)

  Reported in House · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Passed House amended

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• Reported to House with amendment(s)

  summary · EN · 31 May 1990

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• Introduced in House

  summary · EN · 10 May 1990

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Sponsors

• Rep. Waxman, Henry A. [D-CA-33] · D · Sponsor
• Rep. Payne, Donald M. [D-NJ-10] · D · Cosponsor
• Rep. Mavroules, Nicholas [D-MA-6] · D · Cosponsor
• Rep. Mineta, Norman Y. [D-CA-15] · D · Cosponsor
• Rep. Boggs, Corinne C. (Lindy) [D-LA-2] · D · Cosponsor
• Rescom. Fuster, Jamie B. [D-PR-At Large] · D · Cosponsor
• · hsif00 · Standing

Related records

• related to → AIDS Prevention Act of 1990
• related to → Providing for the consideration of the bill (H.R. 4785) to amend the Public Health Service Act to establish a program of grants to provide preventive health services with respect to acquired immune deficiency syndrome, and for other purposes.
• related to ← AIDS Prevention Act of 1990
• related to ← Ryan White Comprehensive AIDS Resources Emergency Act of 1990
• amends ← An en bloc amendment to reduce the annual authorization for the AIDS preventive health service grant program by $100 million and to reduce the authorization for the AIDS emergency relief grant program by $25 million. The amendments would establish state matching fund requirements for the AIDS preventive health service grant program and for the state grant program providing drugs to indigent individuals who have AIDS or HIV infection.
• amends ← An amendment to expand the provisions of the bill which establish demonstration projects for comprehensive AIDS treatment services to include comprehensive care demonstration projects for pediatric AIDS patients. The amendment would increase the authorization level for the demonstration projects by $20 million, from $30 million to $50 million to provide funding for the project.
• amends ← An amendment to require every state, as a condition of receiving grants under the bill, to annually test each resident within the state for the HIV virus and to require all test results to be confidentially reported to the appropriate public health officials of the state.
• amends ← An amendment to require states, as a condition of receiving grants under the bill, to require that all HIV test results be confidentially reported to the appropriate public health officials with accompanying information to identify those who test positive.
• amends ← A substitute to the Dannemeyer amendment, allowing the states to retain their current rights to decide whether to require the reporting of identifying information of individuals who test positive for the HIV virus. The amendment states that nothing in the bill either requires or prohibits a state from establishing such reporting procedures.