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Legal
Information
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Confidentiality of medical information
Confidentiality of HIV-related Information Act (commonly
known as Act 148):
Pennsylvania's Act 148 prohibits health-care providers
and social service providers from disclosing HIV-related
information without the permission of the subject except in
certain limited instances.
HIPAA Privacy Rule -
HIPAA is a federal law that 1)
protects the privacy of patients' medical records and other
health information provided to health plans, doctors,
hospitals and other health care providers; 2) provides
patients with access to their medical records; and 3) allows
patients to determine how their personal health information
is used and disclosed.
HIPAA/Act 148 Comparison Chart
HIV Testing
Confidentiality of HIV-related Information Act (commonly
known as Act 148) - Act 148 describes Pennsylvania's HIV
testing protocol, which includes pre-test and post-test
counseling. Act 148 also prohibits testing without the
individual's informed written consent, except in limited
instances.
Centers for Disease Control and Prevention (CDC) 2006
revised recommendations for HIV testing of adults,
adolescents and pregnant women in health-care settings.
(September 2006)
AIDS Law
Project's response to CDC HIV Testing Recommendations
(September 2006)
AIDS Law Project
testimony
before the Pennsylvania Senate Committee on Public Health
and Welfare opposing Senate Bill 1261. (May 14, 2008)
Fundamental
Principles for HIV Testing (August 2008)
Health Care, Estate and
Permanency Planning Documents
Will.
A
legal document that allows an individual to designate who
inherits one's money, property and personal belongings after
death.
Advance Health-Care Directive.
This directive is a health-care power of attorney and/or
living will.
Health Care Power of Attorney
(POA). A Health Care POA
allows an individual to name someone else to serve as a
health-care agent to make all health-care decisions.
Living Will. A living
will is a written statement of the patient's wishes
regarding life-sustaining treatment and other care if
the patient has an end-stage medical condition and is unable
to communicate those wishes.
Act 169.
The
Pennsylvania law is the legal authority for advance
health-care directives.
Financial Power of Attorney (POA).
-
A Financial POA allows an individual to
name someone else to serve as an agent to make all
financial decisions.
Probate. Probate is a process
by which a deceased person's debts are paid and assets
distributed. The assets of the estate are used to pay the
decedent's debts and the remaining assets are distributed
according to the decedent's will or, if there is no will,
the state laws of intestacy. See, generally,
.
Stand-by Guardianship. The
Pennsylvania Standby Guardianship Law allows terminally ill
parents to plan for their children's futures.
Discrimination
Federal, state and local laws protect people with HIV/AIDS
from disability discrimination in employment, municipal
services and public accommodations.
Federal Rehabilitation Act of 1973.
The Federal Rehabilitation Act prohibits
disability-based discrimination by federal employers or
contractors or by programs receiving federal financial
assistance.
Americans With Disabilities Act.
The ADA prohibits disability-based
discrimination in employment, state and municipal services,
public accommodations, commercial facilities,
transportation, and telecommunications.
Pennsylvania Human Relations Act.
Prohibits disability-based discrimination
in employment, house, public accommodations and services,
including state, county and local governmental agencies.
Public Benefits
Cash assistance
Food stamps
Medicaid
Medicare
Worker's Compensation
Unemployment Compensation
Pennsylvania
Department of Public Welfare
Social Security
Administration
Social Security's Program Operations Manual System
Health Insurance
COBRA.
A
federal law that permits qualifying employees to maintain
group health insurance after leaving employment. The
qualified employee may be required to pay the full cost for
the coverage. COBRA coverage has limited duration, but in
most cases the maximum COBRA period is 18 or 36 months.
HIPAA
Creditable Coverage
- HIPAA requires that most health plans
provide coverage for pre-existing medical conditions and
protects the portability and continuity of health insurance
coverage.
Employment Benefits
Family and Medical Leave Act.
The Family and Medical Leave Act allows a family member to
take unpaid leave from their place of employment to care for
an immediate family member (parent, spouse, and child) in
certain circumstances.
Criminal Records
Resolution Program
Under the Federal Welfare Reform Act (FWRA) of 1996,
people with outstanding criminal warrants are banned from
receiving Social Security benefits. Because these
benefits also provide links to Medical Assistance, people
covered by the ban are often also ineligible for primary
medical care, drug treatment and behavioral health services.
In response to the FWRA, the AIDS Law Project of
Pennsylvania has launched its Criminal Records Resolution
Program (CRRP) to assist people living with or risk of
HIV/AIDS whose outstanding criminal records are keeping them
from these much-needed services. Once the issues are
resolved, clients are entitled to receive cash benefits,
food stamps and health care.
Corrections Reform
Package Act 81
HIV/AIDS related
legal issues
Pennsylvania AIDS Law Report Issue
#1
Pennsylvania AIDS Law Report Issue
#2
Pennsylvania AIDS Law Report Issue
#3
AIDS Law Project of Pennsylvania
1211 Chestnut Street, Suite 600 •
Philadelphia, PA 19107
Phone:
(215) 587-9377 • Fax: (215)
587-9902
Intake Hours: 9:30
am-1:00 pm
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