I
105TH CONGRESS
2D SESSION
H. R. 4431
To amend title XXVI of the Public Health Service Act to provide for State
programs of partner notification with respect to individuals with HIV disease.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1998
Mr. ACKERMAN (for himself and Mr. COBURN) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To amend title XXVI of the Public Health Service Act to
provide for State programs of partner notification with
respect to individuals with HIV disease.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘HIV Partner Protec-
tion Act’’.
SEC. 2. PROGRAM FOR HIV HEALTH CARE SERVICES;
AMENDMENT REGARDING STATE PROGRAMS
OF PARTNER NOTIFICATION.
Subpart I of part B of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff–21 et seq.) is amend-
ed by inserting after section 2616 the following section:
‘‘SEC. 2616A. PARTNER NOTIFICATION.
‘‘(a) IN GENERAL.—Subject to subsection (d), for fis-
cal year 2000 and subsequent fiscal years the Secretary
shall not make a grant to a State under this part unless
the State 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 the public health
officer of the State carry out a program of partner
notification to inform partners of individuals with
HIV disease that the partners may have been ex-
posed to the disease.
‘‘(2) In the case of a health entity that provides
for the performance on an individual of a test for
HIV disease, the State requires that the entity con-
fidentially report positive test results to the State
public health officer, including the name of the indi-
vidual, together with any additional information nec-
essary for carrying out such program.
‘‘(3) The program is carried out in accordance
with the following:
‘‘(A) Partners are provided with an appro-
priate opportunity to learn that the partners
have been exposed to HIV disease, subject to
subparagraph (B).
‘‘(B) The State does not inform partners
of the identity of the infected individuals in-
volved.
‘‘(C) Counseling and testing on HIV dis-
ease are made available to the partners and to
infected individuals, and such counseling in-
cludes information on modes of transmission for
the disease, including information on prenatal
and perinatal transmission and preventing
transmission.
‘‘(D) Counseling for infected individuals
includes the provision of information regarding
therapeutic measures for preventing and treat-
ing the deterioration of the immune system and
conditions arising from the disease, and provid-
ing other prevention information.
‘‘(E) Referrals for appropriate services are
provided to partners and infected individuals.
‘‘(F) Notifications under subparagraph (A)
are provided in person, unless doing so is an
unreasonable burden on the State.
‘‘(G) There is no criminal or civil penalty
on, or civil liability for, an infected individual if
the individual chooses not to identify the part-
ners of the individual, or if the individual does
not otherwise cooperate with such program.
‘‘(H) There is no criminal or civil penalty
on, or civil liability for, a person who in good
faith makes errors in submitting reports or
making disclosures under such program.
‘‘(I) The failure of the State to notify part-
ners is not a basis for the civil liability of any
health entity who under the program reported
to the State the identity of the infected individ-
ual involved.
‘‘(J) The State provides that the provisions
of the program may not be construed as prohib-
iting the State from providing a notification
under subparagraph (A) without the consent of
the infected individual involved.
‘‘(b) STATE INSURANCE LAWS WITH RESPECT TO
UNDERGOING TESTING.—
ing of any drug-related paraphernalia determined by
the Secretary to place such partners at risk of HIV
disease; and any other individual whom the infected
individual exposed to HIV disease.
‘‘(d) 
DELAYED
APPLICABILITY
FOR
CERTAIN
STATES.—In the case of a State whose legislature does
not convene a regular session in fiscal year 1999, and in
the case of a State whose legislature does not convene a
regular session in fiscal year 2000, the requirements de-
scribed in subsections (a) and (b) as a condition of the
receipt of a grant under this part applies only for fiscal
year 2001 and subsequent fiscal years.’’.
SEC. 3. GRANTS TO STATES TO ASSIST WITH COSTS OF RE-
QUIRED LAW.
(a) IN GENERAL.—The Secretary of Health and
Human Services may make grants to States to assist the
States with the costs of carrying out the program of part-
ner notification with respect to the human immuno-
deficiency virus that is required in section 2616A of the
Public Health Service Act (as added by section 2 of this
Act).
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there is authorized
to be appropriated $10,000,000 for each of the fiscal years
2000 through 2004.
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