[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4431 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HIV Partner Protection 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 amended by inserting after section 2616 
the following section:

``SEC. 2616A. PARTNER NOTIFICATION.

    ``(a) In General.--Subject to subsection (d), for fiscal 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 exposed 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 confidentially report positive 
        test results to the State public health officer, including the 
        name of the individual, together with any additional 
        information necessary for carrying out such program.
            ``(3) The program is carried out in accordance with the 
        following:
                    ``(A) Partners are provided with an appropriate 
                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 involved.
                    ``(C) Counseling and testing on HIV disease are 
                made available to the partners and to infected 
                individuals, and such counseling includes 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 treating the deterioration 
                of the immune system and conditions arising from the 
                disease, and providing 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 partners 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 partners 
                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 individual involved.
                    ``(J) The State provides that the provisions of the 
                program may not be construed as prohibiting 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.--
            ``(1) In general.--Subject to subsection (d), for fiscal 
        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, with 
        respect to an individual who learns that the individual has 
        been exposed to HIV disease and then undergoes testing for such 
        disease, State insurance laws prohibit an insurer from taking 
        any action against the individual solely on the basis that the 
        individual has been tested for the disease.
            ``(2) Rule of construction.--A statute or regulation shall 
        be deemed to regulate insurance for purposes of paragraph (1) 
        only to the extent that such statute or regulation is treated 
        as regulating insurance for purposes of section 514(b)(2) of 
        the Employee Retirement Income Security Act of 1974.
    ``(c) Definitions.--For purposes of this section:
            ``(1) The term `infected individual' means an individual 
        with HIV disease.
            ``(2) The term `partner' includes the spouses or other 
        sexual partners of infected individuals; the partners of such 
        individuals in the sharing of hypodermic needles for the 
        intravenous injection of drugs; 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 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 
described 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 REQUIRED 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 partner notification with respect to the human 
immunodeficiency 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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