615 
(iii) voluntary partner notification 
services. 
(B) Health care provided under this para-
graph shall be consistent with current Depart-
ment of Health and Human Services guidelines 
and standard medical practice. Health care per-
sonnel shall discuss treatment options, the im-
portance of adherence to antiretroviral therapy, 
and the side effects of medications with inmates 
receiving treatment. 
(C) Health care personnel and pharmacy 
personnel shall ensure that the facility for-
mulary contains all Food and Drug Administra-
tion-approved medications necessary to provide 
comprehensive treatment for inmates living with 
HIV/AIDS, and that the facility maintains ade-
quate supplies of such medications to meet in-
mates’ medical needs. Health care personnel 
and pharmacy personnel shall also develop and 
implement automatic renewal systems for these 
medications to prevent interruptions in care. 
(D) Correctional staff, health care per-
sonnel, and pharmacy personnel shall develop 
and implement distribution procedures to en-
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00615
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS
616 
sure timely and confidential access to medica-
tions. 
(7) PROTECTION OF CONFIDENTIALITY.— 
(A) Health care personnel shall develop 
and implement procedures to ensure the con-
fidentiality of inmate tests, diagnoses, and 
treatment. Health care personnel and correc-
tional staff shall receive regular training on the 
implementation of these procedures. Penalties 
for violations of inmate confidentiality by health 
care personnel or correctional staff shall be 
specified and strictly enforced. 
(B) HIV testing, counseling, and treat-
ment shall be provided in a confidential setting 
where other routine health services are provided 
and in a manner that allows the inmate to re-
quest and obtain these services as routine med-
ical services. 
(8) TESTING, COUNSELING, AND
REFERRAL 
PRIOR TO REENTRY.— 
(A) Health care personnel shall provide 
routine HIV testing to all inmates no more 
than 3 months prior to their release and re-
entry into the community. (Inmates who are al-
ready known to be infected need not be tested 
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00616
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS
617 
again.) This requirement may be waived if an 
inmate’s release occurs without sufficient notice 
to the Bureau to allow health care personnel to 
perform a routine HIV test and notify the in-
mate of the results. 
(B) All HIV tests under this paragraph 
shall comply with the opt-out provision. 
(C) To all inmates who test positive for 
HIV and all inmates who already are known to 
have HIV/AIDS, health care personnel shall 
provide— 
(i) confidential prerelease counseling 
on managing their medical condition in the 
community, accessing appropriate treat-
ment and services in the community, and 
preventing the transmission of their condi-
tion to family members and other persons 
in the community; 
(ii) referrals to appropriate health 
care providers and social service agencies 
in the community that meet the inmate’s 
individual needs, including voluntary part-
ner notification services and prevention 
counseling services for people living with 
HIV/AIDS; and 
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00617
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS
618 
(iii) a 30-day supply of any medically 
necessary medications the inmate is cur-
rently receiving. 
(9) OPT-OUT PROVISION.—Inmates shall have 
the right to refuse routine HIV testing. Inmates 
shall be informed both orally and in writing of this 
right. Oral and written disclosure of this right may 
be included with other general health information 
and counseling provided to inmates by health care 
personnel. If an inmate refuses a routine test for 
HIV, health care personnel shall make a note of the 
inmate’s refusal in the inmate’s confidential medical 
records. However, the inmate’s refusal shall not be 
considered a violation of prison rules or result in dis-
ciplinary action. Any reference in this section to the 
‘‘opt-out provision’’ shall be deemed a reference to 
the requirement of this paragraph. 
(10) EXCLUSION OF TESTS PERFORMED UNDER 
SECTION 4014(b) FROM THE DEFINITION OF ROU-
TINE
HIV
TESTING.—HIV testing of an inmate 
under section 4014(b) of title 18, United States 
Code, is not routine HIV testing for the purposes of 
the opt-out provision. Health care personnel shall 
document the reason for testing under section 
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00618
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS
619 
4014(b) of title 18, United States Code, in the in-
mate’s confidential medical records. 
(11) TIMELY
NOTIFICATION
OF
TEST
RE-
SULTS.—Health care personnel shall provide timely 
notification to inmates of the results of HIV tests. 
(g) CHANGES IN EXISTING LAW.— 
(1) SCREENING IN GENERA.—Section 4014(a) 
of title 18, United States Code, is amended— 
(A) by striking ‘‘for a period of 6 months 
or more’’; 
(B) by striking ‘‘, as appropriate,’’; and 
(C) by striking ‘‘if such individual is deter-
mined to be at risk for infection with such virus 
in accordance with the guidelines issued by the 
Bureau of Prisons relating to infectious disease 
management’’ and inserting ‘‘unless the indi-
vidual declines. The Attorney General shall also 
cause such individual to be so tested before re-
lease unless the individual declines.’’. 
(2) INADMISSIBILITY OF HIV TEST RESULTS IN 
CIVIL
AND
CRIMINAL
PROCEEDINGS.—Section 
4014(d) of title 18, United States Code, is amended 
by inserting ‘‘or under the Stop AIDS in Prison 
Act’’ after ‘‘under this section’’. 
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00619
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS
626 
under the Ryan White HIV/AIDS Program, to reduce new 
HIV infections, to increase the proportion of people who 
know their status, to increase access to care, to improve 
health outcomes, to reduce HIV-related health disparities 
among Medicaid and Medicare beneficiaries, and to reduce 
the cost of care provided to HIV positive Medicare and 
Medicaid beneficiaries. 
(b) OBJECTIVES.—The objectives of the demonstra-
tion are the following: 
(1) To ensure the early identification of HIV 
positive beneficiaries to reduce costly HIV-related 
clinical conditions through HIV screening and rapid 
linkage to high quality HIV medical care. 
(2) To reduce new HIV infections among Med-
icaid and Medicare beneficiaries through routine 
HIV testing, prevention services for HIV negative 
beneficiaries, and intensive ‘‘prevention for positive’’ 
services for HIV positive beneficiaries. 
(3) To reduce morbidity, mortality, and high 
cost inpatient and specialty care among HIV positive 
beneficiaries by ensuring access to high quality HIV 
medical care, HIV medications, and support services. 
(4) To promote HIV treatment adherence and 
retention in care through intensive case manage-
ment, treatment education, and outreach services. 
VerDate Sep 11 2014 
08:12 Jun 15, 2016
Jkt 059200
PO 00000
Frm 00626
Fmt 6652
Sfmt 6201
E:\BILLS\H5475.IH
H5475
rmajette on DSK2TPTVN1PROD with BILLS