Testing Protocols
THE PENNSYLVANIA CONFIDENTIALITY OF HIV-RELATED INFORMATION ACT (Act 148), as amended In 1988, the Pennsylvania legislature passed the Confidentiality of HIV-Related Information Act, (commonly known as Act 148) to prevent unauthorized HIV testing and disclosure of HIV-related information without an individual’s consent. In 2006, the Centers for Disease Control and Prevention (CDC) issued recommendations designed…
HIV Policy Collaborative
The AIDS Law Project is the convener of the HIV Policy Collaborative of Pennsylvania, a 19-member consortium of AIDS service organizations active in dozens of counties across the Commonwealth. Collaborative members work together to develop and recommend medically-sound and legally-equitable policies for the management of the AIDS epidemic and the treatment of people living with…
Criminalization of HIV
Even as HIV has become a chronic medical condition for many, we see an increasing criminal justice threat to people living with HIV. In the United States, criminal law has been used to target people with HIV. Thirty-four states have statutes criminalizing perceived exposure to HIV. Prosecutions have involved allegations of non-disclosure, exposure, or transmission…
Financial and Consumer Debt
Dealing with debt can be stressful and overwhelming, but legal remedies are available to help you. Ignoring your debt can make the problem worse. Creditors can sue you if you do not pay your bills. If they win in court, they can try to take your property, including your house and bank account. In Pennsylvania,…
Discrimination Against People Living with HIV
People living with HIV are entitled to the same rights and opportunities they had before they tested positive for the virus. Federal, state and local law specifically prohibit discrimination against people living with HIV in employment, housing and public accommodations. These laws protect all people living with HIV, including those who may be asymptomatic. People…
Criminal Records Resolution
A criminal record may impact eligibility for both state and federal public benefits. Criminal convictions can also stop a person from getting a job, being admitted to a school, or renting an apartment. An outstanding warrant for failure to appear, fleeing prosecution, probation or parole violation or unpaid fines, court costs or restitution may render a person ineligible for…
Confidentiality of HIV-Related Information, Drug and Alcohol Abuse Treatment and Mental Health Records
State and federal laws prohibit the disclosure of a person’s HIV status, except in limited instances. Maintaining the privacy of a person’s HIV status is important because discrimination against people living with HIV is still pervasive. People will only get tested and treated for HIV if they know their test results and treatment records will…
Case Management Training
Intensive two-day training for medical case managers using our comprehensive public benefits advocacy manual.The Spring 2020 version of our popular Public Benefits and HIV Advocacy manual can be found here. Trainings are designed to make case managers and other service professionals aware of current laws and benefits. Attendees leave the training empowered to better serve…
Compassionate Release for Inmates
COMPASSIONATE RELEASE Compassionate release (technically called “deferment of sentence”) allows sick inmates to be released from prison early if certain requirements are met. The requirements are laid out in a Pennsylvania statute, codified as 42 Pa. C.S. § 9777, which allows an inmate’s sentencing judge to grant relief upon review of a properly filed motion….