Governor Paterson Signs Landmark HIV Testing Legislation

FOR IMMEDIATE RELEASE
Media Contact:
Krishna Stone | 212.367.1016

Albany, NY — GMHC commends Governor Paterson on signing into law a landmark bill mandating the universal offering of an HIV test for teens and adults in most medical settings. The leadership of many partners in the legislature has been very critical to the enactment of this vital measure in the fight against HIV, especially bill co-sponsors Senator Tom Duane and Assembly Member Richard Gottfried, as well as Assembly Member Darryl Towns.

"The expanded offering of testing in New York State is a crucial measure, both for people who do not know their status and for those at risk for HIV," said Marjorie J. Hill Ph.D., Chief Executive Officer of GMHC. "According to NYC's Department of Health and Mental Hygiene, one in four people living with HIV is dually diagnosed with AIDS.  This means they have been sick for many years without knowing it and without receiving care.  The ease of access will dramatically increase the number of people getting tested.  Being offered an HIV test anytime you go to the doctor or medical center will also decrease HIV-related stigma. Ultimately, the bill will allow more New Yorkers to take charge of their health and access the treatment and care they need."

The need for expanded offering of HIV testing is clear. According to the Centers for Disease Control and Prevention (CDC), one in five people living with HIV is not aware of their status. The most recent data from the CDC also indicated that between 2005 and 2008 new HIV infections increased by 17% among men who have sex with men, and 12% among African Americans. Studies indicate that 50-70% of new infections are caused by people who are unaware of their HIV status and who have been infected themselves for less than two years. Data further shows that by simply offering an HIV test to patients, the number of people tested will increase exponentially.

This new law promotes the health of all New Yorkers by requiring that an HIV test be offered to every individual between the ages of 13 and 64 (or patients of any age who engage in high risk behaviors) who receives services in most healthcare settings. Informed consent remains a vital part of testing, with documented written consent remaining the standard for all blood tests and any testing, in facilities operated under correctional law. This new law allows for documented oral consent only in the case of a rapid HIV test. GMHC firmly believes that maintaining written informed consent ensures that patients understand the full nature of HIV testing and serves as an invaluable opportunity to educate patients on HIV transmission.

GMHC worked closely with many other community groups, the New York State Department of Health, as well as the Senate and Assembly to craft legislation that tackles the need to routinize testing.

***

GMHC is a not-for-profit, volunteer-supported and community-based organization committed to national leadership in the fight against AIDS.  We provide prevention and care services to men, women and families that are living with, or affected by, HIV/AIDS in New York City.  We advocate for scientific, evidence-based public health solutions for hundreds of thousands worldwide.