PI Action alerts & updates ... 2000

Project Inform Opposes Newborn Testing Provision
in Ryan White CARE Act Reauthorization Bill

Supports renewal of lifesaving program;
opposes incentives for mandatory testing

San Francisco — Project Inform is urging Congress to reject a provision in legislation approved by the House of Representatives (H.R. 4807) that provides financial incentives for states to require mandatory HIV testing of newborns. The provision is part of legislation that reauthorizes the Ryan White CARE Act, a federal program that provides critical health care and treatment services for people living with HIV/AIDS. The House and the Senate have both passed their respective versions of this legislation and the Senate version does not contain this provision. A joint House/Senate conference committee will convene in September to work out differences between the two bills.

“We strongly support reauthorization of the Ryan White CARE Act this year,” said Ryan Clary, Community Organizing Program Manager. “However, mandatory HIV testing of pregnant women and/or newborns is unnecessary and has historically deterred some women from accessing proper care and treatment. We support funding for non-coercive programs that improve the care and treatment of HIV-positive pregnant women and that reduce mother-to-child transmission of HIV. We call on Congress to remove the House provision from the final bill.”

The House provision would add an additional $20 million to the $10 million currently authorized in the CARE Act for states to establish programs to reduce mother-to-child transmission of HIV. The current CARE Act language allows funds to be spent on programs such as voluntary testing, counseling, and treatment along with the implementation of mandatory testing programs, but takes a neutral attitude, neither rewarding nor discouraging mandatory testing. The proposed revisions gradually implement incentives that would provide more funding for states that impose mandatory testing. By the 4th year of the proposed reauthorized CARE Act, 75% of the additional $20 million would go only to states with mandatory testing programs.

“Voluntary HIV testing with adequate counseling has already been shown to be an extremely effective means of reducing mother-to-child transmission,” said Angela Garcia, Program Manager of Project WISE, Project Inform’s treatment information and advocacy program for women. “When offered a voluntary HIV test with appropriate counseling, pregnant women overwhelmingly choose to test. In contrast, mandatory testing discourages many women from testing. It is unnecessary and a barrier in a woman’s right to be involved in her own healthcare decisions and those of her child.”

During Congress’ August recess, Project Inform will work with other advocates opposing the mandatory testing provision. It will also mobilize its Treatment Action Network, encouraging grassroots constituents around the country to contact their elected officials in support of CARE act reauthorization without the mandatory testing provision.

All information is available free of charge; donations are strongly encouraged. For more information, contact the Project Inform National HIV/AIDS Treatment Hotline.