HIV Prevention Act of 1997

Summary: HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval. 
Includes among such requirements:  (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt. 
Expresses the sense of the Congress that with respect to health professionals with HIV disease:  (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients. 
Expresses the sense of the Congress that:  (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIV Prevention Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The States should recognize that the terms ``acquired 
        immune deficiency syndrome'' and ``AIDS'' are obsolete. In the 
        case of individuals who are infected with the human 
        immunodeficiency virus (commonly known as HIV), the more 
        important medical fact for the individuals and for the 
        protection of the public health is the fact of infection, and 
        not just the later development of AIDS (the stage at which the 
        infection causes symptoms). The term ``HIV disease'', meaning 
        infection with HIV regardless of whether the infection has 
        progressed to AIDS, more correctly defines the medical 
        condition.
            (2) The medical, public health, political, and community 
        leadership must focus on the full course of HIV disease rather 
        than concentrating on later stages of the disease. Continual 
        focus on AIDS rather than the entire spectrum of HIV disease 
        has left our Nation unable to deal adequately with the 
        epidemic. Federal and State data collection efforts should 
        focus on obtaining data as early as possible after infection 
        occurs, while continuing to collect data on the symptomatic 
        stage of the disease.
            (3) Recent medical breakthroughs may enable doctors to 
        treat HIV disease as a chronic disease rather than as a 
        terminal disease. Early intervention in the progression of the 
        infection is imperative to prolonging and improving the lives 
        of individuals with the disease.
            (4) The Centers for Disease Control and Prevention has 
        recommended partner notification as a primary prevention 
        service. The health needs of the general public, and the care 
        and protection of those who do not have the disease, should be 
        balanced with the needs of individuals with the disease in a 
        manner that allows for the infected individuals to receive 
        optimal medical care and for public health services to protect 
        the uninfected.
            (5) Individuals with HIV disease have an obligation to 
        protect others from being exposed to HIV by avoiding behaviors 
        that place others at risk of becoming infected. The States 
        should have in effect laws providing that intentionally 
        infecting others with HIV is a felony.

SEC. 3. ESTABLISHMENT OF HIV-RELATED REQUIREMENTS IN MEDICAID PROGRAM.

    (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.) is amended--
            (1) in section 1902(a)--
                    (A) in paragraph (61), by striking ``and'' after 
                the semicolon at the end;
                    (B) in paragraph (62), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (62) the following 
                paragraph:
            ``(63) meet the requirements of section 1930A (relating to 
        the prevention of the transmission of the human 
        immunodeficiency virus, commonly known as HIV).''; and
            (2) by inserting after section 1930 the following section:

                  ``prevention of transmission of hiv

    ``Sec. 1930A. (a) For purposes of section 1902(a)(63), a State plan 
meets the requirements of this section if the plan demonstrates to the 
satisfaction of the Secretary that the law or regulations of the State 
are in accordance with the following:
            ``(1) The State requires that, in the case of a health 
        professional or other entity that provides for the performance 
        of a test for HIV on an individual, the entity confidentially 
        report positive test results to the State public health 
        officer, together with any additional necessary information, in 
        order to carry out the following purposes:
                    ``(A) The performance of statistical and 
                epidemiological analyses of the incidence in the State 
                of cases of such disease.
                    ``(B) The performance of statistical and 
                epidemiological analyses of the demographic 
                characteristics of the population of individuals in the 
                State who have the disease.
                    ``(C) The assessment of the adequacy of preventive 
                services in the State with respect to the disease.
                    ``(D) The performance of the functions required in 
                paragraph (2).
            ``(2)(A) The State requires that the public health officer 
        of the State carry out a program of partner notification to 
        inform individuals that the individuals may have been exposed 
        to HIV. For purposes of this paragraph, the term `partner' 
        includes the sexual partners of individuals with HIV disease; 
        the partners of such individuals in the sharing of hypodermic 
        needles for the intravenous injection of drugs; and the 
        partners of such individuals in the sharing of any drug-related 
        paraphernalia determined by the Secretary to place such 
        partners at risk of HIV infection.
            ``(B) The State requires that any information collected for 
        purposes of partner notification be sufficient for the 
        following purposes:
                            ``(i) To provide the partners of the 
                        individual with HIV disease with an appropriate 
                        opportunity to learn that the partners have 
                        been exposed to HIV.
                            ``(ii) To provide the partners with 
                        counseling and testing for HIV disease.
                            ``(iii) To provide the individual who has 
                        the disease with information regarding 
                        therapeutic measures for preventing and 
                        treating the deterioration of the immune system 
                        and conditions arising from the disease, and to 
                        provide the individual with other preventive 
                        information.
                            ``(iv) With respect to an individual who 
                        undergoes testing for HIV disease but does not 
                        seek the results of the testing, and who has 
                        positive test results for the disease, to 
                        recall and provide the individual with 
                        counseling, therapeutic information, and other 
information regarding preventative health services appropriate for the 
individual.
            ``(C) The State cooperates with the Director of the Centers 
        for Disease Control and Prevention in carrying out a national 
        program of partner notification, including the sharing of 
        information between the public health officers of the States.
            ``(3) With respect to a defendant against whom an 
        information or indictment is presented for a crime in which by 
        force or threat of force the perpetrator compels the victim to 
        engage in sexual activity, the State requires as follows:
                    ``(A) That the defendant be tested for HIV disease 
                if--
                            ``(i) the nature of the alleged crime is 
                        such that the sexual activity would have placed 
                        the victim at risk of becoming infected with 
                        HIV; or
                            ``(ii) the victim requests that the 
                        defendant be so tested.
                    ``(B) That if the conditions specified in 
                subparagraph (A) are met, the defendant undergo the 
                test not later than 48 hours after the date on which 
                the information or indictment is presented, and that as 
                soon thereafter as is practicable the results of the 
                test be made available to the victim; the defendant (or 
                if the defendant is a minor, to the legal guardian of 
                the defendant); the attorneys of the victim; the 
                attorneys of the defendant; the prosecuting attorneys; 
                the judge presiding at the trial, if any; and the 
                principal public health official for the local 
                governmental jurisdiction in which the crime is alleged 
                to have occurred.
                    ``(C) That if the defendant has been tested 
                pursuant to subparagraph (B), the defendant, upon 
                request of the victim, undergo such follow-up tests for 
                HIV as may be medically appropriate, and that as soon 
                as is practicable after each such test the results of 
                the test be made available in accordance with 
                subparagraph (B) (except that this subparagraph applies 
                only to the extent that the individual involved 
                continues to be a defendant in the judicial proceedings 
                involved, or is convicted in the proceedings).
                    ``(D) That, if the results of a test conducted 
                pursuant to subparagraph (B) or (C) indicate that the 
                defendant has HIV disease, such fact may, as relevant, 
                be considered in the judicial proceedings conducted 
                with respect to the alleged crime.
            ``(4)(A) With respect to a patient who is to undergo a 
        medical procedure that would place the health professionals 
        involved at risk of becoming infected with HIV, the State--
                    ``(i) authorizes such health professionals in their 
                discretion to provide that the procedure will not be 
                performed unless the patient undergoes a test for HIV 
                disease and the health professionals are notified of 
                the results of the test; and
                    ``(ii) requires that, if such test is performed and 
                the patient has positive test results, the patient be 
                informed of the results.
            ``(B) The State authorizes funeral-services practitioners 
        in their discretion to provide that funeral procedures will not 
        be performed unless the body involved undergoes a test for HIV 
        disease and the practitioners are notified of the results of 
        the test.
            ``(5) The State requires that, if a health care entity 
        (including a hospital) transfers a body to a funeral-services 
        practitioner and such entity knows that the body is infected 
with HIV, the entity notify the funeral-services practitioner of such 
fact.
            ``(6) The State requires that, if a health insurance issuer 
        requires an applicant for such insurance to be tested for HIV 
        disease as a condition of issuing such insurance, the applicant 
        be afforded an opportunity by the health insurance issuer to be 
        informed, upon request, of the HIV status of the applicant. For 
        purposes of this paragraph, the term `health insurance issuer' 
        means an insurance company, insurance service, or insurance 
        organization (including a health maintenance organization) 
        which is licensed to engage in the business of insurance in the 
        State and which is subject to State law which regulates 
        insurance. This paragraph may not be construed as affecting the 
        provisions of section 514 of the Employee Retirement Income 
        Security Act of 1974 with respect to group health plans.
            ``(7) The State requires that, if an adoption agency is 
        giving significant consideration to approving an individual as 
        an adoptive parent of a child and the agency knows whether the 
        child has HIV disease, such prospective adoptive parent be 
        afforded an opportunity by the agency to be informed, upon 
        request, of the HIV status of the child.
    ``(b) For purposes of this section, the term `HIV' means the human 
immunodeficiency virus; and the term `HIV disease' means infection with 
HIV and includes any condition arising from such infection.''.
    (b) Sense of Congress Regarding Health Professionals With HIV 
Disease.--It is the sense of the Congress that, with respect to health 
professionals who have HIV disease--
            (1) the health professionals should notify their patients 
        that the health professionals have the disease in medical 
        circumstances that place the patients at risk of being infected 
        with HIV by the health professionals; and
            (2) the States should encourage the medical profession to 
        develop guidelines to assist the health professionals in so 
        notifying patients.
    (c) Applicability of Requirements.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) applies upon the expiration of 
        the 120-day period beginning on the date of the enactment of 
        this Act.
            (2) Delayed applicability for certain states.--In the case 
        of the State involved, if the Secretary determines that a 
        requirement established by the amendment made by subsection (a) 
        cannot be implemented in the State without the enactment of 
        State legislation, then such requirement applies to the State 
        on and after the first day of the first calendar quarter that 
        begins after the close of the first regular session of the 
        State legislature that begins after the date of the enactment 
        of this Act. For purposes of the preceding sentence, in the 
        case of a State that has a 2-year legislative session, each 
        year of such session is deemed to be a separate regular session 
        of the State legislature.
    (d) Rule of Construction.--Part D of title XXVI of the Public 
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting 
after section 2675 the following section:

``SEC. 2675A. RULE OF CONSTRUCTION.

    ``With respect to an entity that is an applicant for or a recipient 
of financial assistance under this title, compliance by the entity with 
any State law or regulation that is consistent with section 1930A of 
the Social Security Act may not be considered to constitute a violation 
of any condition under this title for the receipt of such 
assistance.''.

SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.

    It is the sense of the Congress that the States should have in 
effect laws providing that, in the case of an individual who knows that 
he or she has HIV disease, it is a felony for the individual to infect 
another with HIV if the individual engages in the behaviors involved 
with the intent of so infecting the other individual.

SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.

    It is the sense of the Congress that strict confidentiality should 
be maintained in carrying out the provisions of section 1930A of the 
Social Security Act (as added by section 3(a) of this Act).