Forum on Legal Issues and HIV

HIV and Defamation

Wed, 03 Jan 2018 20:10:05 -0400

Q: I would like to know if I can sue someone for saying I'm HIV positive, if I'm not. This was said to me over the phone. It's my word against hers.

A: Despite the fact that we live in litigious times, you cannot sue someone for saying something to you that you don't like or that isn't true. You might be thinking about defamation, which is when someone says something that isn't true about you to a third person. A successful defamation lawsuit generally requires an untrue statement made to a third person which causes reputational or other types of damage. Under the law, some statements are so offensive that you may not even need to prove dam...

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Needing information

Mon, 01 Jan 2018 19:32:42 -0400

Q: How do I press charges on someone who is HIV positive and had unprotected sex and lied about having it?

A: Before I answer how to press charges, I must ask why you want to do it. Are you hoping that criminal punishment will stop the spread of HIV? Using criminal law against people with HIV will not stop HIV exposure or transmission. National and Read More

Pre surgery Questionaire

Wed, 27 Dec 2017 18:01:43 -0400

Q: In Nevada is it illegal to lie about HIV status on a pre-surgery questionnaire?

A: Usually, a question that is illegal to answer untruthfully contains a notice that the response is made under the penalty of perjury. With the exception of insurance applications, I have not seen such warnings attach to medical questionnaires.Presenting an incomplete picture of your physical health before surgery however, can be riskier than lying on a form. Your HIV status may not be relevant for all medical procedures, but it's important to discuss your health and medications in advance with yo...

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Firefighters and HIV

Wed, 08 Nov 2017 00:49:28 -0400

Q: Q. Does Florida test for HIV to be a firefighter, and if positive do they have to hire you if you are best candidate? Can't get an answer anywhere and want to go to fire school but I have HIV.

A: Federal law and most states prohibit discrimination against people with disabilities, including HIV (because it can cause physical impairments that substantially limit one or more major life activities). These laws are clear: A person cannot be a disqualified from employment simply because of HIV, if otherwise qualified with the necessary skill, experience, or education. A prospective employer may, however, make a conditional job offer based on results of a medical exam. The exam may include an ...

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Does an ex-partner has HIV?

Wed, 08 Nov 2017 00:47:14 -0400

Q: I have a question about a possible exposure. My family member just found out that a guy she was dating may have HIV, because he was also dating a person who just recently passed away from AIDS. I'm wondering if there's any way to find out if the guy in fact has HIV?

A: Some states have laws that allow for mandatory HIV testing, if there is a compelling need to force a test. If your state allows forced testing, your family member may need to file a request in court and provide intimate details of the contact with the guy she was dating. Before she goes this route and reveals the private details of her "dating" life, she should consider why she wants to force her prior partner to be tested. If she is concerned that she has HIV as a result of exposure to the pers...

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Disclosing another person's HIV status out of spite

Wed, 08 Nov 2017 00:35:24 -0400

Q: I have a question about disclosing another person's HIV status on social media in a spiteful manner because they want to make that person look bad to others.

A: Depending on the state where you live, disclosure of someone's HIV status without permission may be illegal.In the early days of the AIDS epidemic, many states recognized that the risk of disclosure of private HIV-related information could keep people from getting tested or treated. So these states developed HIV confidentiality laws, which impose penalties for disclosure of a person's HIV status without consent. HIPAA, the federal health privacy law, also prohibits disclosure of health informati...

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Is disclosure necessary

Tue, 10 Oct 2017 23:18:53 -0400

Q: I have been "undetectable" for over 4 years and consistent with my medications. A recent "Body" article from Mr. Damon Jacobs on your site said: "When someone is undetectable for 6 months or more, they are humanly incapable of transmitting their HIV virus to others".Given that, is it still necessary to inform a sexual partner of my condition?

A: Whether it's legally necessary to disclose your HIV status before consensual sexual activity depends on where you live. Many states and many countries have laws that make it a crime for people living with HIV to have sex without disclosing their status, regardless of the actual risk of transmission.To find the law where you live, check out the Sero Project or the Center for HIV La...

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Did my insurance company violate HIPPA privacy rules?

Thu, 21 Sep 2017 00:00:29 -0400

Q: Hello and thank you in advance for your time in answering me.I live in Virginia and the company that I work for is a very small engineering services contractor who offers health insurance from Aetna. I recently received a letter from Aetna via the US Postal Service and I think that Aetna violated my privacy by disclosing that I am taking medications for HIV. I have not opened the envelope that was sent to me by Aetna. The envelope that contains the letter has a large oval plastic window on its...

A: Disclosing HIV-related information in this way violates federal and state law. After hearing many complaints about Aetna's mailing from individuals living with HIV or on PreP, my law firm, the AIDS Law Project of Pennsylvania, filed a federal class-action lawsuit along with the New York-based Legal Action Center and the Philadelphia law firm Berger & Montague, P.C., on Au...

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Traveling From U.S. to India While Living With HIV

Tue, 05 Sep 2017 15:59:57 -0400

Q: Do you know if American citizens are allowed to travel to India who are HIV positive? Are there any restrictions?

A: According to www.hivtravel.org, a global website developed by internationally recognized AIDS organizations, India has no restrictions on visitors with HIV. Individuals applying for a visa, residency, or work permit are not asked HIV-related questions. In addition to information on entry and residence regulations, hivtravel.org has some basic traveling with HIV tips. The website was last updated in 2011, but I have no reason to believe this inform...

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U.S. Visa for Foreign Student With HIV

Tue, 15 Aug 2017 22:19:10 -0400

Q: Hi! I was accepted in graduate school program in the US but I have HIV. I will be applying for a student visa soon. Do I need to declare my HIV status in the online application form? Do the embassy have a way of detecting it even if I don't declare this status? How about my meds? Is it okay to place them inside my carry-on luggage? Will there be a problem doing that? what else do I need to know about this situation?

A: Congratulations on your admission to graduate school. Because of President Obama's 2009 repeal of the HIV entry ban, as of January 2010 the U.S. no longer denies entry to any visitors based on HIV status. As part of the repeal, HIV was removed from the CDC's list of "communicable diseases of public health significance
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Forced Leave of Absence due to HIV, no risk of exposure for anyone!!

Sun, 15 Dec 2013 16:34:03 -0400

Q: Recently at work, I was forced to work 22 straight weeks of 70-75 hours a week (salaried manager). I was getting burned out and my depression worsened. I had sent an email to HR to begin the process of taking some STD time off. I notified my manager of my email to HR. When my manager inquired why, I told her I need time to get treatment for my HIV and to further my depression care. Within 90 minutes, I was on a conferece call with my manager and the VP of HR. I was told that I was a threat...

A: Dear writer,Thank you for the question. You do not say what kind of work you do -- this factors into my answer. Are you a health care worker (doctor, nurse, et cetera?). If so, and if you perform invasive or "exposure-prone" procedures on patients, your employer may reasonably modify your employment if circumstances so warrant. However there are very specific guidelines set out by the American Medical Association to prevent discrimination against health care workers with HIV/AIDS. See, "Guidance...

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HIV and sexual partners

Sun, 15 Dec 2013 16:13:38 -0400

Q: Is there a legal requirement for a person with HIV to inform their sexual partners?

A: Dear Writer,Thank you for submitting this question. Please check out an earlier post where I answered a similar question. Is failing to disclose my HIV status a crime?

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Can I change my Power of Attorney?

Sat, 14 Dec 2013 22:58:16 -0400

Q: my t cell count is at 81 and my viral load is non detectable...will my T cell count improve over time with my meds?Also I have signed my power of attorney over in the state of florida...is this easy to change now?any help would be great.

A: Dear writer, Thank you so much for the inquiry. Please get in touch a physician or one of thebody.com's esteemed medical experts to answer your questions about your T-cell count and viral load.But I can advise you that you have every right to change your Power of Attorney(POA). A POA is an instrument that allows you (the "principal") to designate a trusted and competent adult (the "agent") to act on your behalf in legal, financial and other matters. To revoke an existing POA and do a new one, yo...

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Told no HIV inmates allowed

Sat, 14 Dec 2013 22:41:47 -0400

Q: This actually happened to me and I was wondering if this is actually legal. I was arrested for resisting arrest. When we arrived at the local police station. When the guard was informed that I was HIV+. He replied that they do not accept HIV+ inmates. I was informed that I had to be sent to county jail (30 miles away). When I arrived, I was placed in a single person holding cell while general population was allowed to walk free. To me this sounds like HIV+ individual's must be keep separate or j...

A: Dear writer,Thank you for writing in. I am disturbed by your narrative and urge you to contact the ACLU or civil rights organization to learn about your rights and remedies. I have included the link to the ACLU below.It is generally not lawful to segregate or otherwise discriminate against HIV positive inmates. Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination against people with disabilities. People with HIV/AIDS are ...

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My medications were stolen while visiting NYC!

Sat, 14 Dec 2013 22:03:28 -0400

Q: Dear Christa , Im visiting the US until jan 20 , and my meds that i brought with me from Greece got stolen on the subway they were in my backpack along with my money and credit cards ..I used to live in NYC 10 years ago and have an ADAP card issued in 1998 ,Does ADAP expire? I was at GMHC back then and would get my drugs prescribed then i would use my adapt card and pick up from pharmacy I am not a US citizen and i currently live in Greece , i can't get someone to send me meds from Greece bec...

A: Dear writer,I am so sorry to hear your properties were stolen while visiting the great city of New York! I advise you to immediately contact a health care professional to assess your options in obtaining new prescription medication. Since you are not a resident of NYC you will not be eligible for replacement drugs through the AIDS Drugs Assistance Program (ADAP). However you may be eligible for treatment at a community-based clinic that provides health care for uninsured persons on a sliding sca...

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Family Members

Sat, 14 Dec 2013 21:38:30 -0400

Q: Myself and my family have just found out that my sister-in-law is HIV positive and has known about it since 2009, before she married my brother. My brother had an accident in 2011 and they were married after he received a large settlement. However, recently my brother has been admitted to a hospital because he continously has seizures as a result of the accident. When trying to contact the hospital to have my brother tested for HIV we have been told that she is the power of attorney. Also, t...

A: Dear writer, Thank you for writing to www.thebody.com. First, you inquire whether you -- as a sibling -- have any right to order an HIV test for your hospitalized brother. You indicate that your brother lacks competence to properly make decisions or care for himself and you are concerned he may have contracted HIV from his wife. The short answer is that since your brother is legally married, his spouse likely takes precedence in making health care decisions. Generally, other family members like ...

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Can I be deported because I have HIV?

Sat, 31 Aug 2013 11:15:02 -0400

Q: Iam in illegal immigrant i came to the us already being positive i have alot of fear of being deported and what to do for getting meds where i have to buy them or how i can get them please i have alot fear im afraid of being deported if i searched for info .Ilive in Delaware

A: Dear Writer,Thank you for writing with such an important question. I have talked to many courageous people like yourself who are HIV positive and afraid to seek medical treatment because they are undocumented. I am inspired by your quest and hope that you can find relief you deserve. To answer your question, there is good news and bad news. Let's start with the bad news. As a person who is in the US "illegally", you may be subject to removal (deportation) proceedings. Under immigration law, just...

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worried about my job

Sat, 29 Jun 2013 21:45:28 -0400

Q: I am currently pregnant & close to my due date..5 days ago I got the call that my labs came back with some markers of being HIV +...when I got the call I was at work & basically fell in the floor crying...my super visor asked me what was wrong & I told her because I really wasn't thinking straight at the time...my question is do I have to tell her I am positive? I really don't trust her & wish I hadn't said anything!! But I'm scared to lie & say I'm negative?? Please help I'm going crazy worried...

A: Dear writer,Good luck in the last few days before you get ready to welcome your child into the world. I am sure you are experiencing shock about your new diagnosis. Please avail yourself of the incredible support, expertise and information available on thebody.com's "Just diagnosed" section. You are not alone.Now to your question. You did not say what your profession is, but most jobs do not come with any duty to disclose your status to your co-workers or employer. Even if you work in the health...

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Visiting USA with HIV Meds. Any problem?

Sat, 29 Jun 2013 21:36:10 -0400

Q: I will have a 10-days business trip to USA. I won't be alone and I am too scared of facing some difficulties entering with my meds. No one knows my HIV status and I will be traveling with a very important client. What would happen at customs? Do they take my meds from me? What is my rights?Should I try to hide my medication in my bags? I usually keep them in a plastic GNC case. Should I tell them they're just vitamins? I don't want my treatment fail and even one single day is very important. Wh...

A: Dear Writer,Thank you for writing in. HIV-positive travelers seeking entry to the United States no longer need a waiver of inadmissibility to travel to the United States. Customs officials cannot consider HIV status, medications or HIV test results when making a determination of admissibility on an arriving visitors, immigrants or refugees.You do not say in your question what country you are traveling from, so be sure to meet all the legal requirements for your short-term visit to the US. Some c...

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Fired after telling boss HIV positive

Sat, 29 Jun 2013 21:28:46 -0400

Q: What can I do? My brother told his boss that he was HIV positive the next day his boss fired him. No write ups, good bonuses & nice raises during his employment of 3 years( not sure on the employment years it might be 4 years)Do you think he needs to contact a lawyer? Employer has denied unemployment benefits too.

A: Dear Writer,Based on your telling of the facts, your brother may have a claim of employment discrimination because of his disability (HIV status qualifies in this context). Treating a disabled employee differently, terminating them summarily or creating a hostile work environment solely because of the fact of their disability is generally considered unlawful under federal law and state law. If an employee discloses his status and is treated unfairly as a response, he generally has remedies under...

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Plastic surgery and hiv

Sat, 29 Jun 2013 20:10:34 -0400

Q: Can a plastic surgent refuse to provide me with hes or her services even if im perfectly healthy to have the procidure?

A: Dear writer, thank you for the question.Did you have the ability to pay for the plastic surgery procedure? Was the procedure routine and one that the surgeon had requisite expertise and ability to perform? If so, AND you were refused solely because of your HIV status, you were probably discriminated against due to of your disability. HIV qualifies as a disability in this context.Without knowing all of the facts, refusal of plastic surgery services (as long as you met other requisite pre-procedur...

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hiv transmission issue at work place

Sat, 29 Jun 2013 19:53:24 -0400

Q: Yesterday i had a very bad accident at work and cut myself. A lot of blood spilled out on my work place and the floor. i wanted to clean my mess, but work colleague already had done it. It seems that this person did not use gloves while cleaning my blood. How much legal responsibility would i have if this person turned out to get infected?

A: Dear Writer, Thank you for writing in. What happened to you sounds upsetting not just because you injured yourself but also because you fear that you exposed a co-worker to HIV. It is important to know that over 30 states and US territories have laws that make exposing someone to HIV a crime. Unfortunately, HIV criminalization laws do not always require even a real risk of transmission. Notwithstanding the above, it sounds unlikely that a criminal prosecution would commence against you from the ...

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Always careful HIV positive nanny...child with developmental issues ?

Thu, 25 Apr 2013 19:41:54 -0400

Q: Hi,I have been looking after a boy since he was 4 months old, he is now 5 and very small for his age, he could pass for a 3 year old. He also has speech problems, it's very hard to understand him when he speaks. He gets colds a lot, his immune system is not the best. He is otherwise very smart and perfect in any other way. It only occured to me recently that these seem to be the issues of a hiv+ child and I freaked out!I've always been careful, more than I have to be to be honest, but you never ...

A: There is no way you could have given this child HIV through casual contact. Paper cuts do NOT transmit anything. Given what you write it looks like there are other explanations for his problems.I would not factor HIV into any of this.DW

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Hiv in relation to blood pressure

Tue, 16 Apr 2013 22:23:20 -0400

Q: Hi Doc.My cd4 count is about 650 and I am not on medication.I am taking BP drugs but my BP is not going down.what do I do.

A: Blood pressure can be a challenge to control in some patients with or without HIV infection. An assessment of kidney function is worthwhile in this setting. I seek consultation with either a heart or kidney specialist when I have a patients with hard to control high blood pressure. In the absence of significant kidney problems usually not related to the HIV infection. KH

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HIV or AIDS can't keep me from getting a green card

Sat, 13 Apr 2013 13:53:18 -0400

Q: I have HIV. I have been working in USA for about 3 years now (L-1 Visa) and i would like to apply for a Green Card. My question is: Testing HIV positive or having AIDS is a bar to getting a green card???Like always, "Thanks again for all the help and support, we extremely appreciated".

A: Dear writer,Thank you for writing in. Your HIV status alone does not bar you from getting a green card! But it is important to know that your HIV status (like any medical condition) may play a role when you apply for a green card. This is because United States immigration policy disfavors those likely to become a "public charge." According to the United States Citizenship and Immigration Services ("USCIS"), a public charge is "an individual who is likely to become primarily dependent on the gove...

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