I
105TH CONGRESS
1ST SESSION
H. R. 1062
To amend title XIX of the Social Security Act with respect to preventing
the transmission of the human immunodeficiency virus (commonly known
as HIV), and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mr. COBURN (for himself, Mr. BARR of Georgia, Mr. BARTLETT of Maryland,
Mr. BARTON of Texas, Mr. BILBRAY, Mr. BLUNT, Mr. BRYANT, Mr.
BURTON of Indiana, Mr. CALVERT, Mr. CANADY of Florida, Mr.
CHAMBLISS, Mrs. CHENOWETH, Mr. CHRISTENSEN, Mr. COMBEST, Mr.
COOKSEY, Mr. CRANE, Mrs. CUBIN, Mr. DAVIS of Virginia, Mr. DELAY,
Mr. DICKEY, Mr. DOOLITTLE, Mr. DUNCAN, Ms. DUNN, Mrs. FOWLER,
Mr. GANSKE, Mr. GRAHAM, Mr. HASTERT, Mr. HAYWORTH, Mr.
HEFLEY, Mr. HILLEARY, Mr. HOEKSTRA, Mr. HOSTETTLER, Mr. HUN-
TER, Mr. HUTCHINSON, Mr. SAM JOHNSON of Texas, Mr. JONES, Mr.
KINGSTON, Mr. KLUG, Mr. LARGENT, Mr. LEWIS of Kentucky, Mr.
LINDER, Mr. LIPINSKI, Mr. LUCAS of Oklahoma, Mr. MCCRERY, Mr.
MCINNIS, 
Mr. 
MCINTOSH, 
Ms. 
MOLINARI, 
Mrs. 
MYRICK, 
Mr.
NETHERCUTT, Mr. NEUMANN, Mr. NORWOOD, Mr. PARKER, Mr. PICK-
ERING, Mr. POMBO, Mr. ROHRABACHER, Mr. RYUN, Mr. SALMON, Mr.
SAXTON, Mr. SHADEGG, Mr. SCARBOROUGH, Mr. SENSENBRENNER, Mr.
SMITH of New Jersey, Mrs. SMITH of Washington, Mr. SOUDER, Mr.
STEARNS, Mr. STUMP, Mr. TALENT, Mr. TIAHRT, Mr. WAMP, Mr. WAT-
KINS, Mr. WATTS of Oklahoma, Mr. WELDON of Florida, and Mr. WICK-
ER) introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend title XIX of the Social Security Act with respect
to 
preventing 
the 
transmission 
of 
the 
human
immunodeficiency virus (commonly known as HIV), and
for other purposes.
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 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 protec-
tion 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 regard-
less 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 rath-
er than the entire spectrum of HIV disease has left
our Nation unable to deal adequately with the epi-
demic. 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 Pre-
vention 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 re-
ceive optimal medical care and for public health
services to protect the uninfected.
(5) Individuals with HIV disease have an obli-
gation to protect others from being exposed to HIV
by avoiding behaviors that place others at risk of be-
coming 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 pe-
riod 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 re-
quired 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 pur-
poses 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 deter-
mined 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 suf-
ficient for the following purposes:
‘‘(i) To provide the partners of the in-
dividual with HIV disease with an appro-
priate opportunity to learn that the part-
ners 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 dis-
ease, 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 preventa-
tive health services appropriate for the in-
dividual.
‘‘(C) The State cooperates with the Director of
the Centers for Disease Control and Prevention in
carrying out a national program of partner notifica-
tion, 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 per-
petrator compels the victim to engage in sexual ac-
tivity, 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 in-
fected with HIV; or
‘‘(ii) the victim requests that the de-
fendant be so tested.
‘‘(B) That if the conditions specified in
subparagraph (A) are met, the defendant un-
dergo 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 avail-
able to the victim; the defendant (or if the de-
fendant is a minor, to the legal guardian of the
defendant); the attorneys of the victim; the at-
torneys of the defendant; the prosecuting attor-
neys; 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 appro-
priate, 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 in-
volved, or is convicted in the proceedings).
‘‘(D) That, if the results of a test con-
ducted pursuant to subparagraph (B) or (C) in-
dicate that the defendant has HIV disease, such
fact may, as relevant, be considered in the judi-
cial proceedings conducted with respect to the
alleged crime.
‘‘(4)(A) With respect to a patient who is to un-
dergo a medical procedure that would place the
health professionals involved at risk of becoming in-
fected with HIV, the State—
‘‘(i) authorizes such health professionals in
their discretion to provide that the procedure
will not be performed unless the patient under-
goes a test for HIV disease and the health pro-
fessionals are notified of the results of the test;
and
‘‘(ii) requires that, if such test is per-
formed 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 fu-
neral 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.
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 PRO-
FESSIONALS 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 dis-
ease in medical circumstances that place the patients
at risk of being infected with HIV by the health pro-
fessionals; 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 para-
graph (2), the amendment made by subsection (a)
applies upon the expiration of the 120-day period be-
ginning 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 cal-
endar 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 pur-
poses 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 fol-
lowing 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, com-
pliance 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 con-
dition 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 indi-
vidual 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 CONFIDENTIAL-
ITY.
It is the sense of the Congress that strict confidential-
ity 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).
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