Jean Elizabeth Glass JEGLASS@MAILHOST.TCS.TULANE.EDU "Imagination is more important than knowledge." --Einstein > Subject: America: Living with AIDS > > Executive Summary > > The people of the United States have arrived at a crossroads in the > history of the HIV epidemic. In the months to come they must either engage > seriously the issues and needs posed by this deadly disease or face > relentless, expanding tragedy in the decades ahead. In just ten years the > human immunodeficiency virus (HIV), the causative agent of AIDS, has claimed > more American lives than did the Korean and Vietnam wars combined. If, from > this day forward, there were never another instance of new infection, the > upcoming decade would still certainly be much worse. The amount of human > suffering and number of deaths will be much greater. > > The face of AIDS will change as well; thus far it has focused its > devastation predominantly on young men. In addition, it is also a disease > that affects an entire family_now, all too often, mothers, fathers, and > children die swiftly, one following the other, leaving a few orphans as a > grim reminder of what was once a family. Workers on the front lines are > struggling heroically to cope with illness and death, but their tools have > been too few, their resources too constrained, and their logistics too > crippled by the sabotage of disbelief, prejudice, ignorance, and fear. Nor > has the virus followed rules of fair play. Gay and bisexual men still bear > much of the burden of HIV disease. > > Disproportionately and increasingly the epidemic has attacked segments > of society already at a disadvantage_communities of color, women and men > grappling with poverty and drug use, and adolescents who have not been > effectively warned of this new risk to their futures. And with these shifts > have come new anger, mistrust, and attempts to assign blame, which have > drowned out the warnings that should signal the magnitude of the mounting > crisis. Sadly, this has permitted too many Americans to detach from the > fray, to feel the problem is that of others different from themselves, and to > retreat into resentful indifference. Diversity, which should be our greatest > strength as a nation, has for the moment become a weakness, and has > sanctioned a begrudging and sometimes callous response. Even the language of > prevention, which should be tailored to the myriad subcultures and > ethnicities of people at risk, is constrained in the name of morality, > withholding potentially lifesaving information and devices in order to avoid > offending a public presumed to be in agreement with such constraints. > > Astonishingly, even our most basic efforts to better understand and > respond to this new plague have been hampered. Efforts have been made to > constrain or forbid behavioral re- search; in the face of the most deadly > sexually transmitted disease ever to confront humanity, some would prohibit > even the study of the human behaviors that put our children at risk. Thus we > disarm ourselves in the midst of lethal battle. > > Worst of all, the country has responded with indifference. It is as if > the HIV crisis were a televised portrayal of someone else's troubles. It has > even appeared relatively painless; many of the torments are hidden because so > many people do their suffering and grieving in secret, out of fear of stigma, > discrimination, or rejection. But the epidemic will not remain painless much > longer even for the most indifferent observer; soon everyone will know > someone who has died of AIDS. If we are to honor our fundamental social > contract with our fellow citizens, with ourselves, and with our children, we > must somehow develop a sense of urgency. For there is only a little time > left to recognize at a deep and fundamental level that the threat of HIV is > all around us and that we must all join in this battle for the sake of future > generations. In order to have any chance of winning, we must first energize > our nation and transform indifference into informed action. We have used > arresting language because Americans readily understand the need to mobilize > rapidly for collective action in response to external threats to life. AIDS > is a life-threatening disease of global proportions, and it requires the same > national resolve and commitment to address it effectively that we exhibit in > times of war. > > But the military analogy does not work well in this crisis. In war, we > tend to look for a human enemy to attack, and alas thus far this tendency has > been all too evident in our response to HIV. But in confronting AIDS, our > response must be just the opposite. Compassion and concern for human > suffering must direct our efforts. It is against the virus, not those > infected, that this war must be waged. Tragically, to date, too many of us > have failed to understand this fundamental distinction or acknowledge what a > massive national effort is needed to contain the epidemic. The sapping of our > collective strength comes from many directions. There has been a dominant > undercurrent of hostility toward many people with HIV disease, as if they are > somehow to blame. But no one gets this virus on purpose. We do not withhold > compassion from people who suffer from other diseases related to behavior. > As President Bush stated in his single speech about AIDS, "Once disease > strikes we don't blame those who are suffering. We don't spurn the accident > victim who didn't wear a seat belt; we don't reject the cancer patient who > didn't quit smoking. We try to love them and care for them and comfort > them." We must replace the innocent/guilty mindset with sympathy and care > for people with HIV disease. > > Our nation's leaders have not done well. In the past decade, the White > House has rarely broken its silence on the topic of AIDS. Congress has shown > leadership in developing critical legislation, but has often failed to > provide adequate funding for AIDS programs. Articulate leadership guiding > Americans toward a proper response to AIDS has been notably absent. We are > accustomed to hearing from the "bully pulpit" about national problems and how > we should address them, so perhaps the public cannot be blamed for assuming > that such a silence means that nothing important is happening. Their false > calm is reinforced by politicians who declare that enough has been done about > AIDS, since it is "just one disease," and that we should redirect our > attention to other diseases that currently kill more people. > > But we cannot turn away from what is coming, lest we be blind-sided. > There are at least one million Americans silently infected with HIV. Most of > them will get sick during the next decade. And in the absence of a national > effort, the virus continues to spread. The cumulative deaths of the first > ten years of AIDS will more than double in the next two: by the end of 1993, > the toll will rise from 120,000 to over 350,000. AIDS is already the leading > cause of death for young men and women in many parts of the country and is > climbing relentlessly up the list of causes of "years of potential life > lost." > > What makes these numbers particularly tragic is that there is so much > that we can do to turn the tide of HIV through prevention of further spread, > and so much that we must do to provide more humane and compassionate care to > those who have already been caught in the path of the virus. But there are > two destructive attitudes within our borders that hamper these actions. They > are a thinly veiled feeling that those who acquire the virus are getting what > they deserve and a collective indifference to their fate. As long as these > attitudes persist there will be reluctance to engage in the effort required > to surmount HIV disease. Overcoming these attitudes will require > leadership_leadership from the highest levels of government and the private > sector. > > To accomplish the tasks that loom ahead, we must, as a society, find a > way to convert anger, fear, and indifference into informed action. We must > deal effectively with discrimination and prejudice, overcome present > governmental inertia, rededicate ourselves to maintaining a necessary > intensity of research endeavor, educate the public to replace panic with an > informed awareness of what is needed to prevent infection, and coordinate our > resources to meet the urgent health care needs of the sick in cost-efficient > ways that take full advantage of our powerful science. We must recognize our > obligations to future generations in these tasks, for further indifference or > misdirected efforts spells doom for millions. > > For two years, the National Commission on AIDS has pursued its mandate > from Congress to make recommendations to Congress and the President "for a > consistent national policy concerning AIDS" and the HIV epidemic. We have > held hearings, site visits, and consultations; we have heard from over one > thousand voices across the country in direct testimony, voices that have > described the horror of the HIV tragedy and the heroism of brave men, women, > and children as they grapple with HIV. Some have told of their struggle with > their own illnesses. Some have told of remarkable commitment to care for and > about others. We have been heartened and inspired by the thousands of people > throughout the land who have selflessly given of themselves to develop > programs of prevention, care, and advocacy in their communities. It has been > a privilege to experience the richness of diversity that could give > unconquerable strength to our efforts if it were honored and fully harnessed; > and it has been a source of constant sorrow to witness the accelerating loss > of talent as young adults die of AIDS in ever increasing numbers. > > This report attempts to address a number of the central themes that > have emerged from this process. It brings out the fact that, in an important > sense, the only thing new about our present quandary is the virus, that most > of what we are experiencing represents old problems that have been poorly > patched and bandaged or ignored entirely. The HIV epidemic did not leave 37 > million or more Americans without ways to finance their medical care_but it > did dramatize their plight. The HIV epidemic did not cause the problem of > homelessness_but it has expanded it and made it more visible. The HIV > epidemic did not cause collapse of the health care system_but it has > accelerated the disintegration of our public hospitals and intensified their > financing problems. The HIV epidemic did not directly augment problems of > substance use_but it has made the need for drug treatment for all who request > it a matter of urgent national priority. Rural health care, prison health > care, access to health care for uninsured and underinsured working men and > women_these issues and many more form the fabric of our concern. The report > is not all-encompassing, for we have focused on certain issues that the > Commission viewed as most important during our first two years of work. > > The Introduction, the first chapter, paints an overview of the current > status of the epidemic in America. It notes that, in endeavoring to solve > problems of HIV care in the context of our current epidemic crisis, we can > develop better ways to manage other chronic relapsing illnesses, innovations > that will serve society well in the years to come. By taking away our right > to procrastinate further, HIV presses us to confront the shortfalls in our > health care system more honestly. > > The second chapter deals with issues of prevention and education. It > points out that prevention is currently our only hope of altering the course > of the HIV epidemic and that efforts in this sector have been grossly > underutilized_further, that prevention strategies will remain key even after > the development of effective drugs or vaccines. It develops the theme that > frank communication is our best defense for our children against the twin > epidemics of HIV and drugs. Elements common to successful programs are > highlighted, including the importance of cultural sensitivity, cultural > competence, and community involvement. Effective progress in the prevention > of HIV disease associated with illicit drug use is noted. Finally, a call is > made for a comprehensive national HIV prevention initiative that would > integrate federal, state, county, and municipal governments, community-based > organizations, and affected populations to achieve a common goal of HIV > prevention. The third chapter discusses how health care for people with HIV > disease can be improved. It takes note of the substantial progress that has > been made in enhancing the quality and extending the duration of lives of > people with HIV. It describes who should be involved in the delivery of > health care and social services to those with HIV disease, the sites where > care should be available, and how those care services can best be organized. > Ideally, such care involves an interdisciplinary group in a continuum of > services delivered in the least restrictive, least institutional settings at > the lowest possible costs. Common elements link counseling and testing with > primary care in out-of-hospital settings, coordination of that care with the > hospital, access to investigational drugs and integration of illicit drug use > treatment with HIV care. The point is made that existing health care > providers must be better trained to manage the care of people with HIV > disease and that future needs for more health care professionals must be > anticipated. Finally, continued efforts must be devoted to improving > communication strategies so that minimal delay occurs between development of > new therapies and their availability. > > The fourth chapter deals directly with the difficult issues of health > care financing in the context of HIV. The Commission came to the conclusion > that systemic reform will be necessary to achieve genuinely appropriate > access to health care for all Americans. Only in this way will those with > HIV disease be assured of needed care. Thus we have not confined our > discussion to the arena of HIV disease alone, but have instead discussed > solutions to problems of financing that are consistent with the broader > initiatives of health system reform currently under discussion. However, our > recommendations are specific to problems of HIV, and thus we offer a series > of options that could improve the lot of HIV infected people and we cost out > their implications. We remain firm in our conviction that these short-term > measures should give way as quickly as possible to nationwide reform of the > American health care system, reform that ensures financial access to care for > all of our citizens. > > The fifth chapter focuses on clinical trials and treatment-related > research. To date, our deliberations have not focused on the nation's > vitally important biomedical research enterprise. Further, we have paused > only briefly to underscore the manifest importance of social and behavioral > research in achieving ultimate control of the HIV epidemic. In this chapter, > the discussion is directed to currently dynamic issues of clinical trials and > the search for new therapeutic agents for people with HIV disease. Problems > of assuring access to drug trials for diverse populations with HIV disease > while maintaining orderly studies that will permit sound scientific > assessment of therapies are considered. Issues of delivery of care in the > context of experimental therapy and the use of new drugs in expanded access > programs are also covered. In the sixth and final chapter, the > responsibilities and opportunities for government to intervene and interact > with other components of society are examined. It is noted that at all > levels of government greater leadership is needed. At the federal level, we > note that within the U.S. Public Health Service there has been a real effort > to coordinate responses, but that there is a need for much greater > cooperation and coordination across many departments at the cabinet level. > State and local governmental roles are critical and distinctive. Of > particular concern is the current fiscal crisis occurring in many of the > states with the highest incidence of AIDS. The need to fully fund the Ryan > White CARE Act is underscored, and the importance of providing the funding to > evaluate programs is stressed. > > After each chapter the Commission has offered a short series of > recommendations for action. They have been purposely kept few with the hope > that they will all receive careful consideration. They overlap. Prevention > of HIV infection, care and treatment of those with HIV disease, the financing > of that care, and the research necessary to improve treatment are all > intimately interwoven and inseparable. > > To transform what now obtains into effective action requires > simultaneous attention to all facets of this epidemic which is now causing > such pain and loss of life. > > Recommendations > > 1. A comprehensive national HIV plan should be developed with the full > participation of involved federal agencies and with input from national > organizations representing various levels of government to identify > priorities and resources necessary for preventing and treating HIV disease. > > > 2. Universal health care coverage should be provided for all persons > living in the United States to ensure access to quality health care services. > > > 3. The federal government should establish a comprehensive national > HIV prevention initiative. > > 4. Government should assure access to a system of health care for all > people with HIV disease. > > 5. Medicaid should cover all low-income people with HIV disease. > > 6. States and/or the federal government should pay the COBRA premiums > for low-income people with HIV disease who have left their jobs and cannot > afford to pay the health insurance premium. > > 7. Medicaid payment rates for providers should be increased > sufficiently to ensure adequate participation in the Medicaid program. > > 8. Social Security Disability Insurance (SSDI) beneficiaries who are > disabled and have HIV disease or another serious chronic health condition > should have the option of purchasing Medicare during the current two-year > waiting period. > > 9. Congress and the Administration should work together to adequately > raise the Medicaid cap on funds directed to the Commonwealth of Puerto Rico > to ensure equal access to care and treatment. > > 10. Policies should be developed now to address future plans for the > distribution of AIDS vaccines and the ethical and liability issues that will > arise when vaccines become available. > > 11. The federal government should fund the Ryan White CARE Act at the > fully authorized level. > > 12. Congress should remove the government restrictions that have been > imposed on the use of funds for certain kinds of HIV education, services, and > research. > > 13. The Secretary of Health and Human Services should direct the > National Institutes of Health, the Health Care Financing Administration, and > the Health Resources and Services Administration to work together to develop > a series of recommendations to address the obstacles that keep many people > from participating in HIV-related clinical trials, as well as the variables > that force some people to seek participation in trials because they have no > other health care options. > > 14. HIV-related services should be expanded to facilities where > underserved populations receive health care and human services, in part to > ensure their increased participation in trials of investigational new > therapies. > > 15. Current efforts at the National Institutes of Health (NIH) to > expand the recruitment of underrepresented populations in the AIDS Clinical > Trials Group should be continued and increased. > > 16. HIV education and training programs for health care providers > should be improved and expanded and better methods should be developed to > disseminate state-of-the-art clinical information about HIV disease, as well > as drug and alcohol use, to the full range of health care providers. > > 17. Greater priority and funding should be given to behavioral, social > science, and health services research. > > 18. The Food and Drug Administration should aggressively pursue all > options for permitting the early use of promising new therapies for > conditions for which there is no standard therapy or for patients who have > failed or are intolerant of standard therapy. > > 19. The National Institutes of Health should develop a formal mechanism > for disseminating state-of-the-art treatment information in an expeditious > and far-reaching manner. > > 20. The Department of Health and Human Services should conduct a study > to determine the policies of third-party payers regarding the payments of > certain health service costs that are provided as part of an individual's > participation in clinical trials conducted in the development of HIV-related > drugs. > > 21. Implementation of the Americans with Disabilities Act should be > carefully monitored, and states and localities should evaluate the adequacy > of existing state and local antidiscrimination laws and ordinances for people > with disabilities, including people living with HIV disease. > > 22. The federal government should expand drug abuse treatment so that > all who apply for treatment can be accepted into treatment programs. The > federal government should also continually work to improve the quality and > effectiveness of drug abuse treatment. > > 23. Legal barriers to the purchase and possession of injection > equipment should be removed. > > 24. The following interim steps to improve access to expensive > HIV-related drugs should be taken: > > (a) adequately reimburse for the purchase of drugs required in > the prevention and treatment of HIV disease, including clotting factor > for hemophilia; > > (b) undertake, through the Department of Health and Human > Services, a consolidated purchase and distribution of drugs used in the > prevention and treatment of HIV disease; > > (c) amend the Orphan Drug Act to set a maximum sales cap for > covered drugs. > > 25. All levels of government should develop comprehensive HIV plans > that establish priorities, ensure consistent and comprehensive policies, and > allocate resources. > > 26. Federal, state, and local governments should join forces with the > private sector in providing long-term support to community-based > organizations. > > 27. The U.S. Public Health Service should expand and promote > comprehensive programs for technical assistance and capacity building for > effective long-term prevention efforts. > > 28. Federal, state, and local entities should provide support for > training, technical assistance, supervisory staff, and program coordination > to acknowledge and support the family members, friends, and volunteers who > are an integral part of the care system of a person with HIV disease. > > 29. The federal government should develop an evaluation and technical > assistance component for all federally funded HIV-related programs. > > 30. Elected officials at all levels of government have the > responsibility to be leaders in this time of health care crisis and should > exercise leadership in the HIV epidemic based on sound science and informed > public health practices. > > Chapter 1 > > Introduction > > Since scientists first began to understand the dynamics that govern > transmission of the human immunodeficiency virus (HIV), it has been possible > to predict with chilling accuracy the toll the epidemic would exact in > sickness and in lives lost. As the nation enters the second decade of the > HIV epidemic, the accuracy of predictions made in the mid-1980s stand as a > silent rebuke. One need take only a brief look at these statistics to > understand the impact that AIDS has had in the United States. By the end of > 1990, more than 100,000 people in the United States had died of AIDS, and > nearly a third of those deaths occurred that year. > > Now more than a hundred people die in the United States every day of > AIDS_one every 15 minutes_and the pace is accelerating. As of June 1991, > 182,834 cases of AIDS in the United States and its commonwealths and > territories had been reported to the federal Centers for Disease Control > (CDC). Between March 1990 and March 1991, the reported number of new cases > in the United States rose by more than one third. These numbers are a > telling indication that our efforts at prevention must be redoubled. > > During the earliest years of the epidemic, from 1981 to 1982, nearly 80 > percent of all reported AIDS cases were from six large metropolitan areas in > five states_New York City, San Francisco, Los Angeles, Miami, Newark, and > Houston. So far in 1991, 31 metropolitan areas and 25 states and the > Commonwealth of Puerto Rico have reported one thousand or more cumulative > AIDS cases_and the number of communities, counties, and states affected by > HIV disease continues to expand. > > While the majority of new AIDS cases have been from metropolitan areas, > there has been a significant increase in new cases in municipalities with > populations less than 500,000. Lack of access to adequate health care has > denied the benefits of advances in treatment to many in these smaller cities > and rural communities, despite the dedication of stalwart health care > providers and volunteers. More ominous still, failure to acknowledge the > dimensions of the crisis has resulted in insufficient attention to AIDS > education and prevention programs. > > HIV disease has had a disproportionate impact on some communities. The > HIV epidemic continues to affect gay and bisexual men more than any other > single group of Americans; these individuals compose 64 percent of the cases > of AIDS reported since the beginning of the epidemic. African-Americans > constitute 12 percent of the United States population, but nearly 28 percent > of AIDS cases. Hispanics constitute 9 percent of the population, but 16 > percent of AIDS cases. Unless sustained support for targeted interventions > that facilitate access to a broad range of health and social services is > given, there is every indication that these communities will continue to be > disproportionately represented among AIDS cases in the future. > > The number of women and children infected with HIV_particularly within > communities of color_continues to grow dramatically. In fact, AIDS cases > among women are growing faster than AIDS cases among men. As of June 1991, > women accounted for 10 percent of all AIDS cases. In 1991 AIDS is projected > to become one of the top five causes of death for young women. > > Increasingly, parents who are themselves infected are forced to make > agonizing choices for themselves, their infected children, and their > uninfected children. Parents may sacrifice their own health as they seek > care for their children and must struggle with issues of how to provide for > both sick and healthy children after their death. New York City officials > project an "orphan burden" of approximately 20,000 children who will need to > be cared for by relatives or placed in foster homes when their parents die of > AIDS in the next few years. About one fourth of these children will be HIV > positive themselves. Intravenous drug use has contributed significantly to > this new trend. > > Approximately 70 percent of all pediatric AIDS cases are directly > related to maternal exposure to HIV through intravenous drug use or sex with > an intravenous drug user. Communities all across the United States are > struggling to confront the twin epidemics of HIV and substance use. The > nexus between HIV and substance use is unarguable. Already, approximately 31 > percent of all AIDS cases can be linked, either directly or indirectly, to > intravenous drug use. Cases of HIV infection related to unprotected sexual > activity under the influence of crack cocaine, alcohol, or other substances > is another disturbing trend, especially among adolescents. Drug treatment > centers are ill equip- ped to deal with the growing numbers of substance > users with HIV disease. The lack of treatment slots, training, and funding > only perpetuates this insidious link. > > The number of reported AIDS cases does not, however, accurately portray > the scope of the epidemic because such figures represent only 10 to 15 > percent of the total number of people now infected with HIV in the United > States. CDC estimates that, at present, approximately one adult male in 100 > in the United States is HIV positive and one adult female in 600 is similarly > infected. In all, CDC estimates that at least one million people in this > country have HIV infection. > > Moreover, HIV affects people of all ages. Adolescents are often > forgotten as discussions center on adults and children. Presently, > adolescents with hemophilia represent a majority of reported AIDS cases among > those aged 13_19. In addition, adolescents practice many of the same > behaviors that put adults at risk. Given the length of time between > infection and diagnosis, it is clear that the large numbers of individuals > diagnosed with AIDS in their mid to late twenties were infected during their > teens. > > The disproportionate impact of AIDS on young people is further > dramatized by the "years of potential life lost." Health economists have > tallied up the years of potential life lost before age 65 to describe the > extent to which deaths from AIDS occur primarily in young people. In 1987 > the years of potential life lost due to AIDS was 432,000. This figure > compared with 246,000 for stroke, 1.5 million for heart disease, and 1.8 > million for cancer. While the rates for these other major diseases remain > stable, the years of potential life lost due to AIDS continues to increase. > In 1991 estimates place the years of potential life lost due to AIDS between > 1.2 and 1.4 million, ranking it third among all diseases. By 1992 the years > of potential life lost due to AIDS will grow to between 1.5 and 2.1 million. > By 1993 AIDS will clearly outstrip all other diseases in lost human > potential. > > HIV disease has a devastating impact on those who are already > marginalized members of society. Growing numbers of HIV infection and AIDS > cases occur among poor residents of inner cities. For the members of the > National Commission on AIDS, the statistics of HIV disease were brought to > life by the testimony of nearly one thousand witnesses at hearings and site > visits across the country. The Commission met with people living with HIV > disease and with caregivers on the front lines. Its members met with people > at homeless shelters in New York City, at a needle exchange program in > Seattle, in Native American communities in four states, in private homes in > rural Georgia, at primary health clinics and drug outreach centers in Puerto > Rico, at a Veterans Administration hospital in Los Angeles, and at hospitals, > HIV antibody testing centers, drug treatment clinics, and comprehensive > hemophilia treatment centers throughout the nation. > > A mere tally of cases only sketches part of the picture. It quickly > became clear during the Commission's travels that HIV disease could not be > understood outside the context of racism, homophobia, poverty, and > unemployment_pervasive factors that foster the spread of the disease. This > web of associated social ills has been referred to as "a synergy of plagues." > Poverty and unemployment in the inner cities of the United States entail much > more than an inability to pay the bills. In 1991 being poor is a generic > risk factor, for it is associated with in- creased risks of becoming > homeless, dying a violent death, and suffering and perhaps dying from a > multitude of preventable illnesses. > > A 1990 study of mortality in New York City's Harlem found that black > men in that community were less likely to reach the age of 65 than were men > in Bangladesh. The association of poverty, homelessness, and disease is > perhaps best dramatized by the impact of the HIV epidemic on those in inner > cities who are living at the margins of society. Without permanent addresses > or steady incomes, the homeless and many of America's poor often are isolated > from all but the most rudimentary health care. Public hospitals that serve > low-income communities and the overwhelming majority of people with AIDS in > large cities are overcrowded, their staffs are beleaguered, and their > substandard funding is shrinking with each additional municipal budget > crisis. > > Those most in need of health care are typically the ones who can least > afford it. When illness strikes, the emergency room becomes the "family > physician." The increase in numbers of HIV cases is placing a strain on a > system already on the verge of collapse. In some areas of the country the > sheer number of people with AIDS has forced a greater awareness and > understanding of the challenges people with HIV disease face. However, > although recent opinion polls reflect a moderation of harsh attitudes toward > people living with HIV disease, HIV-related discrimination has not > disappeared. This discrimination reflects the racism and homophobia that > pervade our society and, like poverty, limit people's access to care and > compassion. AIDS has been sufficiently controversial to have earned the > status of the most litigated disease in American history. There is, > moreover, a further disquieting trend. Surveys of court cases and complaints > to human rights commissions show that rather than disappearing, AIDS > discrimination is changing. Subtle prejudices involving denial of basic > health services are replacing overt forms of bias, and these subtle biases > are more difficult to fight legally. > > As the epidemic worsens, opportunities to mobilize effective responses > diminish each day that we fail to act decisively. Education for prevention > of further HIV spread through the avoidance of risk behavior has been greatly > underutilized. Despite a slow start, there is much that can be done now to > prevent new HIV infections from occurring and to enhance the quality and > length of life of those already infected. In recent years there have been > heartening developments in treatments for HIV disease. Guaranteeing access > to all of these treatments is essential. The Commission has witnessed > firsthand the efforts of many people, particularly individuals working at the > community level, who are providing these and other services to people with > HIV disease. The nation must be awakened to the enormity of the HIV crisis > and to the potential for individual and collective action. There is no lack > of options or remedies. We are not without hope. The nation's response must > be commensurate with the threat posed by the epidemic. The report that > follows offers concrete proposals for action. > > Selected Bibliography > > Angell, M. 1991. A dual approach to the AIDS epidemic. New England > Journal of Medicine 324:1498_1500. > > Arno, P.S., D. Shenson, N.F. Siegal, P. Franks, and P.R. Lee. 1989. > Economic and policy implications of early intervention in HIV disease. > Journal of the American Medical Association 262:1493_1498. > > Bayer, R. 1991. Private Acts, Social Consequences: AIDS and the > Politics of Public Health. New Brunswick, N.J.: Rutgers University Press. > > > Bayer, R. 1991. Public health policy and the AIDS epidemic: An end > to AIDS exceptionalism? New England Journal of Medicine 324:1500_1504. > > Beauchamp, D.E. 1988. The Health of the Republic: Epidemics, > Medicine, and Moralism as Challenges to Democracy. Philadelphia, Pa.: > Temple University Press. > > Berk, R., ed. 1988. The Social Impact of AIDS in the U.S. Cambridge, > Mass.: Abt Books. > > Brandt, A. 1987. No Magic Bullet: A Social History of Venereal > Diseases in the United States from 1880. Expanded edition. New York: > Oxford University Press. > > Brandt, A.M. 1988. AIDS and metaphor: Toward the social meaning of > epidemic disease. Social Research 55:413_432. > > Burris, S. 1989. Rationality review and the politics of public > health. Villanova Law Review 34:909_932. > > Crimp, D., ed. 1988. AIDS: Cultural Analysis, Cultural Activism. > Cambridge, Mass.: The MIT Press. > > Dalton, H. 1989. AIDS in blackface. Daedalus 118:205_227. > > Fee, E., and D.M. Fox, eds. 1988. AIDS: The Burdens of History. > Berkeley, Calif.: University of California Press. > > Gostin, L.O. 1990. The AIDS litigation project: A national review of > courts and human rights decisions. Part I: The social impact of AIDS. > Journal of the American Medical Association 263:1461_1970. > > Institute of Medicine. 1988. Confronting AIDS: Update 1988. > Washington, D.C.: National Academy Press. > > Institute of Medicine. 1988. The Future of Public Health. > Washington, D.C.: National Academy Press. > > Institute of Medicine. 1991. HIV Screening of Pregnant Women and > Newborns. Washington, D.C.: National Academy Press. McCord, C., and H.P. > Freeman. 1990. Excess mortality in Harlem. New England Journal of Medicine > 322:173_177. > > Murphy, T.F. 1991. No time for an AIDS backlash. Hastings Center > Report 21(2):7_11. > > Shilts, R. 1988. And the Band Played On: Politics, People, and the > AIDS Epidemic. New York: Penguin. > > Wallace, R. 1988. A synergism of plagues: "Planned shrinkage," > contagious housing destruction, and AIDS in the Bronx. Environmental > Research 47:1_33. > > Introduction > > Side bar pull out information: > > We must learn to practice the justice, freedoms, and compassions that > we take so much pride in talking about in civics classes and teaching our > children about when we tell them what it is to be an American. > > Our response to AIDS must take into account how all people with AIDS > and HIV live and recognize that we aren't all in San Francisco or New York > using systems that are collapsing from the weight of us. Some of us are in > Kentucky and Alabama and Missouri and Iowa, still trying to find a doctor > willing to treat us or a home care agency that will send the nurse without > requiring a baseline antibody test for her. . . . > > I have to say that people living with AIDS and HIV want nothing more or > nothing less than what all of you take for granted today_a place to live, > the right to have a job, decent medical care, and to live our lives out > without unreasonable barriers. > > We are not asking for extras, only to be included in what America > already delivers to her privileged people. > > I'm thirty-one this year and my life has been blessed with two healthy > children_a six-year-old daughter, and a son who is almost three. Relatively > speaking, I'm not in bad shape and I used to hope that I would be able to > live long enough to see my children, with the help of their father, accept > and adapt to the inevitability of my death. More lately I've been hoping > that when I'm gone they wouldn't continue to be stigmatized by the shadow > thrown by my public life. > > But compassion is not going to happen because of a report that we make > or an edict that somebody in Washington delivers. It will begin in the small > towns in the quiet country throughout America when people understand that > people living with AIDS and HIV are just like us because they are us. > > Belinda Mason > September 1989 > > > The AIDS/HIV epidemic has focused more attention on long-standing > problems and has made it clear that it's time for sweeping policy and > systemic changes in how America cares for its most needy. > > Don Schmidt > July 1990 > > > I worry about my daughter who is not infected, but affected by her > family's situation. I not only worry about her, but all the siblings that > are not infected because I think the system tends to forget about these > children. . . . If they lose their parents, if they lose their infected > siblings, the public views these children as now over the trauma. Well, > those children's trauma is just beginning. > > Toni P. > March 1991 > > > By 1992 the years of potential life lost due to AIDS will grow to > between 1.5 and 2.1 million. By 1993 AIDS will clearly outstrip all other > diseases in lost human potential. > > There were no support groups, no social workers, nobody, so I retreated > even further into my community. But even that was wrong. I had people > coming to my door wanting to beat me up_they didn't want AIDS in their > community_even though these were my relatives.... But because I had AIDS I > was no longer human. I was a disease. I no longer had feelings. I no > longer was given the opportunity to plan, to have goals, to contribute. > > Willie Bettelyoun, M.A. > September 1989 > > > Chapter 2 > > Prevention and Education > > Until a cure or a vaccine is found, education and prevention are the > only hope for altering the course of the HIV epidemic. This actually > understates the importance of prevention, for prevention strategies will > continue to be a key component of HIV containment far beyond the advent of > successful drug treatments or vaccines. There are valuable lessons to be > learned from earlier experiences with sexually transmitted diseases. > Effective and inexpensive treatments for many of these diseases have long > been available, yet drugs alone have not stemmed the tide of infections, > especially among young people and those living in poverty. Those prior > experiences are underscored by the rapid reemergence of syphilis, and it can > be said with certainty that medical science alone will not be able to > vanquish AIDS, even with a magic bullet. > > There is an urgent need for implementation of carefully designed > strategies to prevent new HIV infections (primary prevention) and to prevent > disease progression for HIV-infected individuals through early diagnosis, > prompt treatment, and continuing care and support (secondary and/or tertiary > prevention). Educational programs are also necessary to alter the public's > perceptions that HIV disease is someone else's problem. The discrimination > that occurs against people with HIV disease results largely from fear and > ignorance, and the best weapon against these is education. > > Some of the most encouraging news thus far in the HIV epidemic comes > from the success of certain health education programs that have resulted in > dramatic, sustained reduction in risk behavior. There is clear evidence that > prevention is possible; changes in attitudes and behavior can occur as a > result of carefully tailored, targeted, and credible prevention efforts. > Such success is less dramatic to the public than a laboratory breakthrough, > but probably more important. This chapter considers an array of education > and prevention strategies, highlights some prevention success stories, and > offers recommendations to focus prevention efforts for the second decade of > the epidemic. As we move into the second decade, the Commission believes > policies should be developed now to address future plans for the distribution > of AIDS vaccines as well as the ethical and liability issues that will arise > when vaccines become available. > > A Disease of Behaviors: Clinical and Epidemiologic Aspects of HIV When > considering prevention strategies to alter the course of the HIV epidemic it > is important to keep in mind the manner in which the virus is transmitted. > The limited modes of transmission of HIV have been well documented. HIV can > be transmitted through sexual contact; by the sharing of contaminated > injection equipment; through exposure to infected blood or blood products; > and, during gestation or at birth, from an infected mother to a newborn. > Breastfeeding has also been identified as a potential mode of transmission. > > > Understanding these modes of transmission has enabled the development > of some practical strategies for use in stopping the spread of the virus. > Screening of blood and voluntary deferral of blood donors at risk of HIV > infection has significantly reduced the transmission of HIV through the blood > supply. Sophisticated purification techniques, blood screening, and > voluntary self-deferral have eliminated new HIV infections from occurring > through the use of blood clotting factors to people with hemophilia. > "Universal precautions" can help patients and health care workers avoid > exposure to HIV. Such precautions involve the avoidance of all potentially > infected blood or body fluids through barrier methods, without regard to the > serostatus of patients or health care workers. The efficacy of universal > precautions can be strongly inferred by a substantial drop in hepatitis B > transmission (hepatitis is a hundred times more infectious than HIV). > Appropriate use of condoms can decrease the risk of HIV during sexual > intercourse. It is also possible to disinfect injection equipment with > bleach so that the sharing of needles and syringes does not spread the virus. > > In addition to the strategies available to prevent new infections, much > more is now known about how to delay progression to AIDS in HIV-infected > individuals. Until a few years ago, treatment regimens for HIV disease had > been offered only to those exhibiting symptoms. In recent years, the > clinical management of HIV disease has improved with the development of > therapeutic strategies involving the use of treatments such as zidovudine > (AZT) and aerosolized pentamidine for HIV-infected individuals who are still > asymptomatic. This early intervention has enhanced well-being in addition to > delaying the onset of AIDS, but its availability or lack thereof raises > important issues of access. To bring the benefits of early intervention to > people in need, additional and better coordinated services will be > required_not only greater outreach, HIV testing, counseling, laboratory > monitoring, medications, and primary health care, but also improved > laboratory services, better coordinated systems of care, and public and > private financing strategies to pay for care. > > Developing Prevention Messages > > Frank Talk About Sex and Drugs > > Most of the disagreement about HIV prevention is not over goals, but > over methods to achieve goals and over who should decide which methods ought > to be used. As noted above, there are a number of simple, readily available > technologies that will contribute significantly to reduction in the spread of > HIV infection. Yet AIDS education and prevention efforts continue to be > stymied by an unwillingness to talk frankly about sexual and drug use > behaviors that risk the spread of HIV. Constraints on discussions of sex, > whether imposed by law, political considerations, issues of morality, > language, or culture, have been a substantial barrier to the creation and > implementation of effective HIV prevention programs. There is a cruel irony > at work here, for reticence about discussing sex has become an obstacle to > the implementation of lifesaving prevention programs. This withholding of > potentially lifesaving information raises serious ethical problems. > > In the early years of the AIDS epidemic messages concerning HIV were > couched in euphemisms. There were warnings about the danger posed by the > "exchange of bodily fluids" when the phrase eluded public understanding. > Generic, incomplete, and ambiguous messages such as this fostered > misunderstandings about the actual dimensions of risk and the ways to avoid > the threat posed by HIV disease. > > Research in many areas of health education has shown that to encourage > behavior change, prevention messages must be transmitted in a language and > manner that can be understood by the people to whom they are directed. Those > who design and implement education and prevention programs must be able to > use unvarnished language and communications that are both meaningful and > acceptable to the particular community or group being addressed. Where the > communications are targeted to a specific group, the potential offensiveness > to others to whom the message is not directed should not and need not be a > barrier. Congress should remove the government restrictions that have been > imposed on the use of funds for certain kinds of HIV education, services, and > research. In addition to crafting clear and explicit messages that are > relevant to those at risk, a greater realism is needed in approaches to > altering sexual behavior and drug use. For example, although teenagers are > encouraged to delay sexual intercourse until marriage or at least until > adulthood, a majority of young people have not heeded such advice, regardless > of how forcefully this message has been delivered. In view of this stark and > dangerous reality, advice concerning abstinence must be supplemented by frank > talk about AIDS, and about how to avoid sexually transmitted diseases and > unintended pregnancies. In addition, it must reach children at a young age. > > A similar set of problems has existed in discussions and attitudes > about drug use as it relates to HIV transmission. The predominant policy > approach has characterized drug use as a criminal rather than a public health > problem. Here too the approach must be more than "just say no." A more > realistic strategy is crucial to the prevention of HIV transmission related > to drug use. Some of those at risk will be able to stop using drugs on their > own, or will stop with the help of formal treatment, self-help, or > "twelve-step" programs modeled on Alcoholics Anonymous. Access to drug > treatment is an absolutely fundamental element of prevention in those > populations. Those who find it impossible to stop using drugs, or who > relapse following a period of abstinence from drugs, must be encouraged to > practice safer sex and safer drug use and must be taught how to do so. > > The Commission reiterates the recommendations made in its fifth interim > report to the President and the Congress concerning the twin epidemics of HIV > disease and substance use. The federal government should expand drug > treatment so that all who apply for treatment can be accepted into treatment > programs. The federal government should also continually work to improve the > quality and effectiveness of drug use treatment. In addition, legal barriers > to the purchase and possession of injection equipment should be removed. > Legal barriers do not reduce illicit drug injection. They do, however, limit > the availability of new, clean injection equipment, thereby encouraging the > sharing of injection equipment, and the increase in HIV transmission. > Cultural Sensitivity _and Cultural Competence > > As part of the need to deal realistically with issues about sex and > drugs, it is critical that these subjects be addressed in a manner that is > not only culturally sensitive but also culturally competent. Especially > since sex and drugs are sensitive topics, it is clear that the best > prevention messages will be those developed by and for the people the > messages are intended to reach, through community-based efforts at the local > level. It is essential to include people living with HIV disease in HIV > prevention efforts. For many communities, seeing people in education and > prevention efforts who are directly affected by HIV will bring home the > reality of HIV and help overcome the denial that "this cannot happen to me or > my loved ones." When gay men, women, people of color, and persons using > drugs are not consulted in the design and implementation of prevention > programs, programs directed toward these audiences will not be effective. > > Strategies in HIV Prevention > > The Web of Illness, Poverty, _and Alienation > > HIV disease is associated with a host of related health and social > problems; strategies to prevent the further spread of HIV disease must take > these problems into account. Other sexually transmitted diseases (e.g., > syphilis, gonorrhea, chlamydia, herpes, hepatitis, and venereal warts) may > act synergistically with HIV, enhancing HIV transmission or disease > progression. Drug use is significantly associated with HIV disease. > Injection drug use poses the most direct threat of HIV transmission when > contaminated injection equipment is shared; this is a risk for intravenous > users of any drug, including heroin, cocaine, and steroids. It has been less > widely recognized that crack cocaine, alcohol, and other psychoactive drugs > also represent serious threats when multiple sexual partners and impaired > judgment about risk are involved. > > From New York City to Waycross, Georgia, from San Juan, Puerto Rico, to > Seattle, Washington, in hearings and site visits the Commission has seen how > poverty, homelessness, lack of basic health care, lack of prevention > services, and lack of drug treatment combine with the alienation experienced > by gay men, poor women of color, and drug users to exacerbate the spread of > the virus. A dramatic example of this is the increase in sexually > transmitted diseases in many urban and rural areas in the United States. > > Essential Elements of Prevention Programs > > To intervene effectively in the spread of HIV it is essential to > consider the broader social context of the HIV epidemic, for it involves not > only individuals at risk, but also families, cultural and social groups, > neighborhoods, and communities at risk of multiple problems. Although this > adds to the complexity of HIV intervention, it also means that successful HIV > prevention efforts will not only reduce the spread of HIV, but also are > likely to have an impact on the rates of other sexually transmitted diseases, > teenage pregnancy, and drug use. > > A mix of strategies is being used throughout the country in the design > of HIV prevention programs. From grass roots efforts to federally sponsored > programs, these varied approaches draw on a number of different fields, > disciplines, perspectives, and experiences. The potential for success in > prevention is enhanced by government policies that are not restrictive and > that create a climate in which prevention efforts can be creative, > cooperative, and comprehensive. Other interventions that have helped to > create a positive context for HIV prevention efforts include laws guarding > confidentiality and protecting against discrimination. Without assurances > that people can avail themselves of HIV prevention opportunities without > risking the loss of jobs, housing, and health insurance, it is next to > impossible for prevention and education services to reach those at greatest > risk of HIV. > > If prevention efforts are to be successful they require sustained > commitment to change over the long term, rather than an expectation of > short-term results. They also require support of multiple interventions and > strategies, rather than investment in a single "solution." Support must be > continuous and predictable. Prevention programs must be accountable, > progress and results must be measurable, and training and support must be > provided to those administering the programs. > > Some important prevention strategies include: sex and HIV education > appropriate to age levels; treatment programs for substance users; > education about bleach and clean needle and syringe programs for those who > are unable to stop using drugs; efforts to control sexually transmitted > diseases; outreach programs to provide contraception to women of > childbearing age; easily accessible HIV antibody testing and essential > counseling; peer counseling; street outreach efforts; and readily available > condoms supported by a social marketing program that encourages their use. > > Individual and Community Approaches > > Efforts designed to control HIV infection create change by intervening > at many levels. Technological approaches will not work without changes in > knowledge, attitudes, beliefs and behaviors. In this second decade of the > HIV epidemic, there will be an increasing need to supplement individual > behavior change strategies with a concept of communitywide prevention. > Similar interventions aimed at changing the norms of entire communities are > among the most promising HIV prevention strategies. These interventions have > proven to be effective in promoting a variety of health behaviors, such as > family planning and cardiovascular risk reduction, including smoking > cessation. > > . common identities such as gender, sexual orientation, race or > ethnicity, language, religious affiliation, age groupo, or a > genetic condition such as hemophilia; > > . behavior such as same-gender sex, injection drug use or needle > sharing, and non-injection drug use, including alcohol use; > > . location or setting such as hospitals, clinics, prisons, > churches, work environments, and schools; > > . other circumstances such as possible exposure to HIV infrection > through blood transfusions or other use of blood products. > > Communitywide models are designed to utilize multiple settings, > channels, and organizations in their design, implementation, and evaluation. > Each community has distinct features; no two communities will be alike in > their response to HIV disease, and thus the process by which a response to > the HIV epidemic is mobilized in communities will also vary. Understanding > more about how to respond to AIDS involves understanding and respecting what > the community regards as problems and priorities, acknowledging social > organization and structure, and then identifying the community's available > resources and what solutions it will be ready to employ. These efforts must > be supported, funded, documented, and evaluated to broaden the reach of our > prevention efforts. Federal, state, and local governments should join forces > with the private sector in providing long-term support to community-based > organizations. As a part of this effort, the U.S. Public Health Service > (PHS) should expand and promote comprehensive programs for technical > assistance and capacity building for effective long-term prevention efforts. > > Reducing Sexual Transmission of HIV > > Substantial progress has been made in reducing sexual transmission of > HIV infection among certain populations in some areas of the country. > Nevertheless, sexual transmission of HIV continues to be a major route of > infection. Although many more people are now aware of the types of sexual > behaviors that risk the spread of HIV, the gulf between awareness of risk and > long-term behavioral change can be wide. Sexual conduct is influenced by > complex factors, including biological drives, religious beliefs, customs, and > cultural and community norms and values. These aspects of sexual behavior > make changes difficult to inculcate. Consider how difficult it is to get > people to stop smoking, even when they know how dangerous it is; or how much > effort it has taken to encourage people to wear seat belts, despite the > manifest risks of not doing so. A psychiatrist who testified before the > Commission made a telling comparison: "We are essentially asking people to go > on a diet and never cheat for their entire life. Unlike a diet, cheating may > be lethal." > > Same-Gender Transmission > > Homosexual and bisexual men still bear much of the burden of HIV > disease in the United States across all racial and ethnic groups. In cities > with large gay communities, such as San Francisco and New York, a substantial > portion of gay men are infected with HIV. The validity of programs of > prevention is dramatically underscored by studies in the last several years > of white gay men in urban epicenters of the HIV epidemic. Sustained changes > in sexual behavior have been accompanied by a marked lowering of the rate of > incidence of new infections. Interpretation of these trends is further > supported by stable or falling rates of sexually transmitted diseases. > > A dramatic change in peer behavioral norms among gay men is one of the > heartening stories of the HIV epidemic. Early in the epidemic, programs were > established to impart information, to help motivate change, and to bolster > skills necessary to change behavior, such as ways to negotiate safer sex. > Many of these programs came from within the gay community and relied to a > large extent on volunteers, as many governmental agencies were not > confronting the epidemic. The result of these programs was that many gay men > increased condom use, adopted safer sex practices, and reduced the number of > their sexual partners. Although many gay men have made remarkable changes > in sexual behavior, these changes should not be taken as evidence that the > job of education and prevention has been done, but rather that it can be > done. There are many men who engage in same-gender sex but do not perceive > of themselves as being gay or as belonging to any gay social or political > community. These men are particularly difficult to reach with gay-specific > HIV prevention messages. Targeted messages about behavior change may have > passed them by. In addition, as the epidemic matures, sustained efforts will > be necessary to prevent "relapse" among gay men who have made changes in > their sexual behavior. More attention to the relationship between alcohol > and drug use and sexual behavior is warranted, as those who combine sex with > alcohol and other drugs are more likely to engage in sexual activities that > carry a high risk of HIV transmission. > > Gay and bisexual men are the largest segment of people with AIDS among > blacks and Hispanics (36 and 40 percent of cumulative cases, respectively, as > of June 1991). A total of 28 percent of gay and bisexual men with AIDS are > black or Hispanic. Despite these realities, epidemiologic and behavioral > studies in HIV disease had until recently focused overwhelmingly on white gay > men. Gay men of color may face special risk-reduction challenges. More must > be done to reach out to these men and empower them through prevention > efforts. > > Women who have sex with other women have been neglected in HIV > prevention efforts. The lack of attention to this group of women is due in > part to a tendency toward rigid categorization that belies the true variety > of human sexual experience. Lesbians are still viewed by many in terms of > their status as members of a group rather than the behaviors they may > practice and thus are often overlooked in prevention efforts. Many of these > women may have a false sense of security about their risk of HIV infection > and consequently neglect to practice safer sex habits. Lesbians must be > given information about how to reduce the risk of HIV transmission and must > be encouraged to practice safer sex with both female and male sexual partners > and to use safe injection procedures if they use injection drugs. > > Adolescents who are just entering a phase of sexual experimentation or > who are beginning to express their sexual identity may be at special risk for > HIV infection. The well-known tendency of teenagers to deny risk is abetted > in the case of gay youth by the lengthy incubation period of the AIDS > virus_as many as five to ten years may pass between infection with HIV and > development of clinical symptoms. Approximately 20 percent of AIDS cases > have occurred among individuals aged 20 to 29; most of these people were > probably infected during their teenage years. Gay males in their teens and > twenties outside urban epicenters of HIV are significantly more likely than > older men to engage in unprotected anal intercourse and to do so with more > partners, according to current studies reviewed by the Committee on AIDS > Research and the Behavioral, Social, and Statistical Sciences of the National > Research Council. Young gay men often wrongly perceive the risk to be solely > from older men, deriving a false sense of security from having sex with other > young men who appear healthy, but who actually may be HIV infected. > > Heterosexual Transmission > > Over the past few years concern over AIDS cases in the United States > attributed to heterosexual contact has grown. Cumulatively, 6 percent of all > AIDS cases in the United States are due to heterosexual contact. In this > exposure category, women are at greater risk than men of acquiring infection > through heterosexual contact. Thirty-three percent of all women with AIDS as > opposed to 2 percent of all men with AIDS report exposure through > heterosexual contact. It is important to note that a majority of female > heterosexual cases are related to unprotected sex with an HIV-positive > intravenous drug user. Women of color have been particularly heavily > affected. > > These statistics are particularly troubling because many women believe > they are not at risk and do not need to practice safer sex or change > potentially dangerous behaviors. Prevention messages are not effectively > reaching large populations of women. Much of the attention women have > received in the HIV epidemic has been related to the potential for the spread > of HIV to their sexual partners or offspring; women are frequently > characterized, explicitly or implicitly, as "vessels of infection" or as > "vectors of perinatal transmission." Women need attention in their own > right, not only in the development and evaluation of HIV prevention > strategies, but in all aspects of HIV policy development. > > Many prevention messages have not been grounded in the realities of > women's lives. Not surprisingly, such messages have not been very effective. > Perhaps the most unrealistic prevention message for women is the nearly > exclusive focus on the use of condoms, advice that is naive regarding > anatomy, gender roles, and power relationships. The emphasis on condoms grew > out of the early years of the HIV epidemic when sex between men was a > predominate concern. As more knowledge has been gained about the epidemic, > the need for alternative prevention methods has been clearly indicated. > Condom use requires the active involvement of the male partner, and the woman > must secure his cooperation or convince him to terminate the sexual > interaction if he refuses. The use of condoms may be complicated by the > perception that their use is an admission of infidelity, hence threatening > relationships of long standing. In fact, many men report using condoms "on > the side," but not in their primary relationships. > > That condom use is inherently limited as a method for preventing the > heterosexual spread of AIDS does not imply that attempts to encourage their > use should be abandoned, but rather that such efforts should be redoubled. > The United States has yet to embark on campaigns such as have been undertaken > in other countries to foster fundamental changes in social attitudes about > condoms, through advertising, social marketing, and intensive outreach and > reinforcement strategies. > > Across categories of exposure, individuals for whom condoms might > reduce risk report only limited consistent use of them. Condoms must be made > more widely available and information on how they can be effectively used > must be provided. Further, their use must be promoted through sophisticated > social marketing strategies. The de facto ban on network television > advertising of condoms continues to impede their social acceptability. These > and other impediments to the use of condoms should be recognized and > addressed. More behavioral research is needed to develop methods of HIV > prevention during sexual contact that are acceptable to both women and men. > > While attempts to promote greater use of condoms to reduce transmission > of HIV should continue, it is equally important that research funds and > personnel be devoted to the exploration of alternative methods of preventing > HIV transmission. Increased efforts are necessary to develop a wider array > of chemical and physical barriers to block vaginal HIV transmission that do > not depend entirely on the male partner's cooperation. These include gels, > suppositories, or sponges that might be used before or after intercourse. > More research is needed on chemicals that kill viruses (virucides). A female > condom is also in development. The diaphragm should be evaluated in terms of > its potential role in HIV prophylaxis. > > In considering alternatives to condoms that might be more relevant for > women, it is important to consider not only efficacy (the probability of > preventing HIV transmission given optimal or correct use of a prevention > technique or device), but also effectiveness (efficacy plus the extent to > which the device or technique will be used correctly and therefore contribute > to a slowing of the epidemic). Even surefire methods of prevention are > worthless unless people are willing to use them. Teenagers tend to deny > risk. Yet, even when they recognize the risks of HIV, many adolescents still > feel they are invincible or discount the risk of HIV because other risks in > their environment are perceived as greater and more immediate. Adolescents > are at risk, not only from their own perceptions of lack of risk, but also > because adults often ignore the special needs of adolescents or deny that > adolescents are sexually active. Abstinence is an efficacious means of > eliminating the risk of sexual transmission of HIV. However, although many > young people have been encouraged to delay intercourse until marriage or > adulthood, some teenagers will choose to begin sexual behaviors during > adolescence. In fact, studies in 1988 revealed that by age 15, 27 percent of > girls and 33 percent of boys were sexually active. Half of girls had had sex > by age 17 and half of boys by age 16; three out of four unmarried 19-year-old > women and five out of six unmarried 19-year-old men had had sexual > intercourse. > > Moreover, unprotected sexual activity is clearly occurring among teen- > agers. Other clear evidence for adolescent sexual behavior is found in the > high rates of sexually transmitted diseases among sexually active adolescents > and the fact that approximately one million teenage girls become pregnant > each year. According to a study conducted by the National Research Council, > entitled Risking the Future, more than 400,000 of these pregnancies occurred > in young women 15_17 years of age. Pregnancy still remains the focus of many > health and sex education programs. If birth control is the sole objective, > an oral contraceptive may be used instead of a barrier method that would also > help to prevent HIV and sexually transmitted diseases. Some young women > practice anal or oral sex as a birth control method, which may pose increased > risks for transmission of HIV. Education messages to young women and men > must be twofold, teaching ways to prevent both pregnancy and disease. > > Adolescents need clear, realistic, unequivocal prevention messages > about the risks of HIV transmission associated with unprotected sexual > activity, sharing of injection equipment, and sexual activity in conjunction > with substance use. Adolescents must also be provided with the tools > necessary to engage in safe behaviors. Adults must use their knowledge to > impart information despite their own embarrassment or reluctance to discuss > sex. > > Although many adolescents practice risk behaviors, some have a more > difficult time than others finding information or avoiding risk behaviors. > These adolescents need targeted programs. Some studies have shown > African-Americans, Hispanics, and other youth from communities of color to be > less aware of what places them at risk for HIV transmission than white youth. > Special attention should be given to these communities. Young people who are > infected with the virus need counseling and education to deal with the > difficulties of living with HIV disease. > > Sexual Transmission Related to Substance Use > > Sexual transmission of HIV related to substance use concerns sexually > active individuals, whether gay, lesbian, or heterosexual, whether adult or > adolescent. Injection drug use is clearly linked to sexual transmission of > HIV. It is less well known that sexual activity in conjunction with the use > of other psychoactive substances, including alcohol and crack cocaine, poses > a substantial risk. Sexual transmission with regard to substance use occurs > when judgment about safer sex is impaired as well as when sex is traded for > drugs. > > Prevention messages about sexual behavior as well as drug use may be > effectively conveyed in drug treatment programs. Unfortunately, drug > treatment opportunities, deficient for men, are in even shorter supply for > women. This problem is in part a continuation of prior inequities, for women > have traditionally had difficulty gaining access to drug treatment > facilities, which for the most part have been oriented toward the needs of > men. Women with children and pregnant women who use drugs often have special > difficulty finding drug treatment that meets their needs. Women in need of > treatment are often single parents who attend to their children's needs > before their own. Even when pregnant drug users are accepted into treatment, > a significant opportunity for intervention may be missed, since there are > often no provisions for prenatal care. Sexual partners of individuals who use > intravenous drugs are often unaware of the risks they face, either because > their partner's drug use is covert, or part of the past, or because they are > unaware of the associated risks of HIV. Those who are aware of the risks may > still face difficulty in seeking counseling for risk reduction. Thus, the > simple steps that must be taken to prevent AIDS, such as condom use, may not > be so simple after all. > > Adolescents may be at heightened risk for transmission through sexual > activity in conjunction with the use of substances other than injection > drugs. While some studies indicate that adolescents may avoid intravenous > drug use, the use of alcohol and the growing use (especially in low-income > urban communities) of crack cocaine places these individuals at increased > risk. It is extremely important, therefore, not to assume that intravenous > drug use is the only link between drugs and sexual transmission. > > Reducing HIV Transmission Related to _Intravenous Drug Use Successful > and sustained risk reduction among injection drug users is vital to slowing > the spread of HIV infection. Injection drug users place themselves at risk > through a variety of behaviors, and may spread the virus not only to their > needle-sharing peers, but also to their sexual partners and at birth to their > offspring. Hence, any potentially successful program must address drug use > and sexual behaviors simultaneously. It is also important to provide > prevention education to all those who engage in the risk behavior of sharing > injection equipment, including athletes who inject steroids and individuals > who inject vitamins and medications. Although there is a commonly held > misconception that drug users in the throes of addiction are impervious to > messages about the risk of HIV transmission, the evidence suggests otherwise. > Drug users know a great deal about how HIV is transmitted and are willing to > make the changes necessary to reduce risk of transmission when encouraged to > do so. There is evidence that HIV prevention strategies targeting injection > drug users can result in decreased needle sharing, increased needle cleaning, > increased demand for sterile needles on the street, and stable or declining > seroprevalence rates among drug users. In addition, when such HIV-related > interventions are offered, there is often an increased demand both for > treatment for addiction and for primary care. > > Some consistent messages have emerged from studies of the impact of HIV > on drug use behaviors. Most drug users report changing their behavior in > response to AIDS. There is no single method of reducing HIV risks that will > work for all drug users; prevention strategies must encourage both cessation > of use and the adoption of safer injection practices for those who continue > use. Finally, more drug users have reported changes in drug use practices > than changes in sexual behaviors, and yet, of course, both are essential. > Thus, renewed efforts to encourage behavioral changes related to both sex and > drug use are necessary. HIV associated with drug use has potential for > extremely rapid spread. Some cities have already experienced this, with up > to 50 percent of intravenous drug users HIV seropositive. In other cities > with large populations of intravenous drug users, HIV seroprevalence remains > at much lower levels. The geographic variation in HIV seroprevalence among > intravenous drug users underscores the opportunities for heading off the > spread of HIV disease. HIV prevention strategies targeting injection drug > users now include clinic-based interventions, street outreach projects, > community-based information and awareness campaigns, and both publicly > supported and unsanctioned needle exchange programs. > > As the Commission noted in its recent report, The Twin Epidemics of > Substance Use and HIV, the unmet need for treatment on demand is critical. > In cities hard hit by both drug use and HIV disease the situation is > extremely serious. New York City, for example, has an estimated 200,000 > intravenous drug users, approximately half of whom are HIV positive. Yet New > York has only 38,000 publicly funded drug treatment slots. Outreach efforts > have had the positive side effect of referring individuals to treatment > programs, but these gains will be lost if there are not enough treatment > slots available. > > Among the most important AIDS prevention efforts are those aimed at > encouraging injection drug users to adopt safer injection practices, either > by using bleach or by participating in needle exchange and distribution > programs. These programs have frequently been delayed or blocked by > political and community opposition and by laws that make possession of drug > injection equipment a criminal offense. In some localities, criminal justice > officials have looked the other way as local public health officials and > activists have mounted needle exchange and distribution programs. On > occasion, local prevention activists charged with crimes for distributing > clean needles have defended their actions in court, claiming that any > violations of law in distributing clean needles were justified by the need to > save lives. This was borne out in the recent decision of a Manhattan judge > who overturned criminal charges against AIDS activists engaged in > distributing sterile needles by stating, "The nature of the crisis facing the > city, coupled with the medical evidence offered, warranted the defendants' > action." Courts in Massachussetts and California have also failed to convict > people conducting needle exchange programs. Fears that needle and syringe > exchange and distribution programs might encourage drug use and create a new > class of drug injectors have not materialized. Where such programs have been > operating, they have provided a means of encouraging injection drug users to > join treatment programs. Needle and syringe distribution programs deserve > further experimentation, and laws and regulations that block implementation > and study of such programs should be repealed. > > Reducing Perinatal Transmission > > HIV prevention strategies and messages for women who wish to consider > becoming pregnant may have to be quite different than those for women who are > willing to delay having children. Issues of disease prevention are often > conflated with questions of pregnancy and reproductive choice. A number of > steps aimed at preventing pregnancies, such as vasectomies, intrauterine > devices, and oral contraceptives, may have little or no impact on > interrupting the spread of HIV disease. In recent years there has been > much debate about whether HIV antibody testing of pregnant women or newborns > ought to be mandatory, routine, or merely available. The backdrop against > which these debates are taking place is a set of clinical studies that reveal > that transmission of the virus from HIV-positive mothers to newborn children > is less than previously thought, approximately 30 percent or less. HIV > antibody testing of newborns only definitively establishes whether the > mothers are HIV positive. Newborns who test HIV positive may or may not be > infected. Some will test positive only because of the presence of maternal > antibodies that will eventually disappear. Debates have centered on whether > testing or screening ought to involve all pregnant women or merely those at > "high risk" of HIV and the extent to which counseling ought to be directive > in discouraging HIV-infected women from becoming pregnant or bearing > children. HIV antibody screening of pregnant women and newborns raises > profound moral, legal, and policy issues that are dealt with at considerable > length in recent reports on the subject by the Institute of Medicine (1991) > and other policy groups. > > All women of childbearing years who are considering pregnancy or are > pregnant must be apprised of all the options available to them_they must be > informed of their options but not coerced into any particular decision. Just > as much of the advice to date for women about how to prevent the sexual > transmission of HIV may have been of little relevance to their lives, there > is a growing realization that blanket advice for HIV-positive women to avoid > becoming pregnant may not be appropriate. As noted in a report by the > Institute of Medicine, HIV Screening of Pregnant Women and Newborns, ". . . > limited studies to date offer little evidence to suggest that knowledge of > HIV infection status significantly affects women's decisions regarding > continuation of a pregnancy or future childbearing." For many women, having > children is a large part of being a woman; thus, fully informed women may > decide that it is worth running the risk of perinatal transmission to give > birth. > > Research and Evaluation Regarding Prevention Programs During the first > decade of the HIV epidemic the need for epidemiologic and behavioral research > was recognized. The published literature that resulted consists primarily of > a mosaic of small-scale studies, examples of behavioral interventions > demonstrated to be effective either in reducing new HIV infections or in > making substantial modifications to high-risk behaviors in narrowly defined > populations. In the earliest phases of the epidemic, a great deal was > learned about appropriate prevention strategies among those identified to be > at risk, especially white, self-identified gay men in urban areas. > > There remains, however, a lack of knowledge in several areas crucial to > education and prevention_sexual and other behavior patterns in people of > varied cultural, racial, and ethnic groups; frequency of different types of > sexual behavior among adolescents or adults; family or community approaches > to prevention; technological approaches to prevention, including female-based > research on virucides and barrier methods of prevention; large-scale studies > of needle exchange programs in the United States; and innovative approaches > in prevention, including communitywide approaches. > > Greater priority and funding should be given to behavioral, social > science, and health services research. Social marketing and communications > research are also necessary to find out whether national mass media > campaigns, such as CDC's "America Responds to AIDS" campaign are effective, > among what groups, and for what purposes. The number of racial and ethnic > minority health professionals must be increased. Every effort must be made > to identify, nurture, and support researchers indigenous to the community. > > It is critical that researchers clearly establish what does and does > not work in prevention. The cost of not knowing will be measured not only in > dollars spent and opportunities missed, but also in lives lost. Future > prevention efforts are greatly hindered by insufficient evaluation of HIV > prevention services and programs within CDC and other federal agencies, as > well as within local communities. The National Research Council (NRC) has > proposed an evaluation strategy based on three key questions: > > 1. What interventions are actually delivered? > > 2. Do the interventions make a difference? > > 3. What interventions or variations work better? > > As NRC notes, "The evaluation of AIDS intervention programs is not an > easy task: it will take time, and it will also require a long-term > commitment of effort and resources. . . . The nature of the HIV/AIDS epidemic > demands an unwavering commitment to prevention programs, and ongoing > prevention programs require a similar commitment to their evaluation." NRC > recommends a full complement of evaluation research, encompassing formative, > process, and outcome evaluation (NRC, 1991). The Commission agrees that > evaluation is needed at every step of development and implementation of HIV > prevention programs. Participatory evaluation_which includes groups targeted > by the programs and groups providing the programs, as well as funding > agencies_is a critical aspect of evaluation that has been frequently > overlooked. > > Communities should not be viewed by academic evaluators as a place for > experimentation without consultation or collaboration. There is a need for > greater collaboration among federal agencies, especially CDC and the Alcohol, > Drug Abuse, and Mental Health Administration (ADAMHA), related to research > and evaluation strategies and HIV prevention. The federal behavioral > research establishment has an important role to play in "meta analysis"_the > collation and comparison of various small-scale research studies. It can > also provide mechanisms so that those responsible for the development of > prevention programs can be kept abreast of the latest developments. > > But even the best efforts to increase the knowledge base and to improve > information dissemination strategies will be for naught if the knowledge > gained is not effectively applied. Unfortunately, the findings of research > on HIV education and behavioral interventions are only partially applied > because of restrictions placed on prevention messages by the U.S. Congress. > In the area of prevention, it is also important that the United States > consider adopting successful prevention models developed in other countries. > Examples would include sexual education programs in Scandinavia that have led > to low rates of sexually transmitted diseases and unintended pregnancies > (though rates of sexual activity are comparable to the United States) and > programs of over-the-counter sales of needles and needle exchanges throughout > Europe and Australia that have reduced needle sharing without leading to > increased intravenous drug use. > > A Comprehensive National HIV Prevention Initiative > > The federal government should establish a comprehensive national HIV > prevention initiative that integrates the approaches of federal, state, > county, and municipal government; community-based organizations; the private > sector; and affected populations. This strategy should ensure both central > coordination and local autonomy. At the federal level, a plan should be > established within the Public Health Service and across other federal > agencies to coordinate development of effective HIV prevention programs, > rather than allowing each agency or institute to pursue potentially > idiosyncratic activities. Emphasis should be placed on linking health care > and prevention efforts. The Commission stresses the urgent need for > implementation of carefully designed strategies to prevent new HIV infections > and to prevent disease progression for HIV-infected individuals through early > diagnosis, prompt treatment, and continuing care and support. Offering > advice about changes in behavior and making referrals to education, > counseling, and prevention services is a critical aspect of delivering HIV > care. > > Although some states and localities have built infrastructures to > enable them to mount effective primary and secondary prevention programs, > others have not. Community-based organizations, often the heart of primary > prevention efforts, are even less likely to have the strong administrative > and fiscal structures that would ensure that their programs remain sound. > Many community-based organizations have relied upon seed money or > demonstration grants from governmental or private foundation sources. The > fragility of funding streams has made it difficult to plan, implement, and > evaluate programs, especially for newer groups in minority communities. > Rigid requirements hinder attempts to develop and sustain meaningful > programs. Delayed reimbursements jeopardize the very existence of > community-based organizations, which are a critical element of HIV prevention > activities nationwide. > > Communities must find better ways to mobilize, plan, design, and > implement comprehensive communitywide HIV prevention efforts. Public health > departments, community-based organizations, and affected populations must be > able to work through and resolve conflicts. CDC, the Health Resources and > Services Administration, ADAMHA, states, county and municipal governments, > and community-based organizations need flexibility in funding. The concept > of HIV care consortia, as in the Ryan White CARE Act, merits consideration in > HIV prevention efforts. The National Institute of Mental Health's model for > mobilizing communities around issues related to the severely mentally ill may > be another potential model. > > The primary and secondary prevention of HIV disease deserves a place on > everyone's agenda. It is within our capacity as individuals, as members of > various communities, and as a nation to halt the further spread of HIV and to > extend and enhance the quality of life for those already infected. We must > learn to draw upon our diversity in order to bring people together to > confront the challenges posed by HIV. > > Recommendations > > 1. The federal government should establish a comprehensive national HIV > prevention initiative. > > This initiative should be authorized by Congress and developed by > the Department of Health and Human Services. It should provide flexible > resources to state and local government and other public or private nonprofit > entities for communitywide HIV prevention efforts. It must also include > input from individuals who have expertise through experience, education, or > training. The prevention initiative is an essential component of a national > HIV plan. > > 2. Greater priority and funding should be given to behavioral, social > science, and health services research. > > Behavioral, social science, and health services research are > currently grossly underfunded. The Commission believes there must be a more > appropriate balance of funding between these areas of study and biomedical > research. > > 3. Congress should remove the government restrictions that have been > imposed on the use of funds for certain kinds of HIV education, services, and > research. > > Government restrictions on certain HIV programs and on behavior- > oriented research studies impede the fight against HIV disease. HIV > prevention programs and research into sexual and drug using behaviors must be > conducted and evaluated. Results from these and other health promotion and > disease prevention efforts must be shared and rapidly incorporated into HIV > prevention and education strategies. > > 4. The U.S. Public Health Service should expand and promote > comprehensive programs for technical assistance and capacity building for > effective long-term prevention efforts. > > 5. Federal, state, and local governments should join forces with the > private sector in providing long-term support to community-based > organizations. > > Community-based efforts are now and will continue to be an integral > part of any HIV prevention strategy. The role of people with HIV disease > must be recognized, encouraged, and supported. In designing services, > community-based organizations and their programs must be accountable, yet > they must be afforded sufficient flexibility to implement programs that will > best serve communities in need. > > 6. Policies should be developed now to address future plans for the > distribution of AIDS vaccines and the ethical and liability issues that will > arise when vaccines become available. > > 7. The federal government should expand drug abuse treatment so that > all who apply for treatment can be accepted into treatment programs. The > federal government should also continually work to improve the quality and > effectiveness of drug abuse treatment. > > 8. Legal barriers to the purchase and possession of injection equipment > should be removed. > > Legal barriers do not reduce illicit drug injection. They do, > however, limit the availability of new, clean injection equipment, thereby > encouraging the sharing of injection equipment, and the increase in HIV > transmission. > > Selected Bibliography > > Amaro, H. 1991. AIDS/HIV Related Knowledge, Attitudes, Beliefs and > Behaviors Among Hispanics in the Northeast and Puerto Rico. Study conducted > by the Northeast Hispanic AIDS Consortium. Boston, Mass.: Boston University > School of Public Health. > > Bandura, A. In press. A social cognitive approach to the exercise of > control over AIDS infection. In R. 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American Psychologist 43:859_864. > > DeJong, W. 1989. Condom promotion: The need for a social marketing > program in America's inner cities. American Journal of Health Promotion > 3:5_16. > > Francis, D.P., R.E. Anderson, M.E. Gorman, M. Fenstersheib, and N.S. > Padian. 1989. Targeting AIDS prevention and treatment toward HIV-1-infected > persons. Journal of the American Medical Association 262:2572_2576. > > General Accounting Office. 1987. AIDS Prevention: Views on the > Administration's Budget Proposals. Washington, D.C.: U.S. Government > Printing Office. > > General Accounting Office. 1990. AIDS Education: Programs for > Out-of-School Youth Slowly Evolving. Washington, D.C.: U.S. Superindendent > of Documents. > > General Accounting Office. 1990. Drug Abuse: Research on Treatment > May Not Address Current Needs. Washington, D.C.: U.S. Government Printing > Office. > > Guydish, J.R., A. Abramowitz, W. Weeds, D. Black, and J. Sorensen. > 1990. 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San Francisco, Calif.: University of San > Francisco. > > National Organizations Responding to AIDS. 1991. AIDS Appropriations > Recommendations. Fiscal Year 1992. Washington, D.C.: National Organizations > Responding to AIDS. > > National Research Council. 1987. Risking the Future: Adolescent > Sexuality, Pregnancy, and Childbearing. Washington, D.C.: National Academy > Press. > > National Research Council. 1989. Turner, C.F., H.G. Miller, and L.E. > Moses, eds., AIDS: Sexual Behavior and Intravenous Drug Use. Washington, > D.C.: National Academy Press. > > National Research Council. 1990. Miller, H.G., C.F. Turner, and L.E. > Moses, eds., AIDS: The Second Decade. Washington, D.C.: National Academy > Press. > > National Research Council. 1991. Coyle, S.L., R.F. Boruch, and C.F. > Turner, eds., Evaluating AIDS Prevention Programs. Expanded edition. > Washington, D.C.: National Academy Press. > > Nelkin, D., D.P. Willis, and S.V. Parris, eds. 1990. A Disease of > Society: Cultural Responses to AIDS. New York: Cambridge University Press. > > > Office of the Assistant Secretary for Health, Public Health Service, > U.S. Department of Health and Human Services. 1990. Healthy People 2000: > National Health Promotion and Disease Prevention Objectives. Washington, > D.C.: U.S. Department of Health and Human Services. > > Office of Disease Prevention and Health Promotion, Public Health > Service, U.S. Department of Health and Human Services. 1980. Toward a > Healthy Community. Washington, D.C.: U.S. Department of Health and Human > Services. > Office of the Secretary, U.S. Department of Health and Human Services. > 1990. Comprehensive Report on AIDS Expenditures. Washington, D.C.: U.S. > Department of Health and Human Services. > > Office of Technology Assessment, U.S. Congress. 1985. Review of the > Public Health Service's Response to AIDS. Technical Memorandum. Washington, > D.C.: Office of Technology Assessment. > > Office of Technology Assessment, U.S. Congress. 1988. AIDS-related > Issues: How Effective is AIDS Education? Staff Paper 3. Washington, D.C.: > U.S. Superintendent of Documents. > > Panem, S. 1988. The AIDS Bureaucracy. Cambridge, Mass.: Harvard > University Press. > > Peterson, J., and G. Marin. 1988. Issues in the prevention of AIDS > among Black and Hispanic men. American Psychologist 43:871_877. > > Petrow, S., P. Franks, and T.R. Wolfred, eds. 1990. Ending the HIV > Epidemic: Community Strategies in Disease Prevention and Health Promotion. > Santa Cruz, Calif.: ETR Associates/Network Publications. > > Presidential Commission on the Human Immunodeficiency Virus Epidemic. > 1988. Report of the Presidential Commission on the Human Immunodeficiency > Virus Epidemic. Washington, D.C.: U.S. Government Printing Office. > > Public Health Service, U.S. Department of Health and Human Services. > 1987. Information/Education Plan to Prevent and Control AIDS in the United > States. Washington, D.C.: U.S. Department of Health and Human Services. > > Robert Wood Johnson Foundation. 1990. Proceedings: AIDS Prevention > and Services Workshop: February 15_16, Washington, D.C. Princeton, N.J.: > Robert Wood Johnson Foundation Communications Office. > > Solomon, M., and W. DeJong. 1986. Recent sexually transmitted disease > prevention efforts and their implications for AIDS health education. Health > Education Quarterly 13:301_316. > > Solomon, M., and W. DeJong. 1989. Preventing AIDS and other STDs > through condom promotion: A patient education intervention. American > Journal of Public Health 79:453_458. > > Stall, R.D., T.J. Coates, and C. Hoff. 1988. Behavioral risk > reduction for HIV infection among gay and bisexual men: A comparison of > published results from the United States. American Psychologist 43:859_864. > > > Surgeon General, Centers for Disease Control, Public Health Service, > U.S. Department of Health and Human Services. 1988. Understanding AIDS. > Washington, D.C.: U.S. Government Printing Office. > > Surgeon General, Public Health Service, U.S. Department of Health and > Human Services. No date. Surgeon General's Report on Acquired Immune > Deficiency Syndrome. Washington, D.C.: U.S. Department of Health and Human > Services. > > U.S. Congress. House. 101st Congress, 2nd Session. 1990. Report > 101-591. Departments of Labor, Health and Human Services, Education, and > Related Agencies. Appropriation Bill, 1991. July 12. > > U.S. Congress. House. 101st Congress, 2nd Session. 1990. Report > 101-908. Making Appropriations for the Departments of Labor, Health and > Human Services, Education, and Related Agencies for the Fiscal Year Ending > September 30, 1991, and for Other Purposes. October 20. > > U.S. Congress. Senate. 101st Congress, 2nd Session. 1990. Report > 101-516. Departments of Labor, Health and Human Services, Education, and > Related Agencies. Appropriation Bill, 1991. October 10. > > U.S. Government Accounting Office. 1988. AIDS Education: Reaching > Populations at Higher Risk. Washington, D.C.: U.S. Government Accounting > Office. > > U.S. Government Accounting Office. 1989. AIDS Education: Issues > Affecting Counseling and Testing Programs. Washington, D.C.: U.S. > Government Accounting Office. > > U.S. Government Accounting Office. 1989. AIDS Education: Staffing > and Funding Problems Impair Progress. Washington, D.C.: U.S. Government > Accounting Office. > > U.S. Government Accounting Office. 1990. AIDS Education: Public > School Programs Require More Student Information and Teacher Training. > Washington, D.C.: U.S. Government Accounting Office. > > Valdiserri, R.O. 1989. Preventing AIDS: The Design of Effective > Programs. New Brunswick, N.J.: Rutgers University Press. > > Watters, J.K., Y.-T. Cheng, M. Segal, J. Lorvick, and P. Case. 1990. > Epidemiology and prevention of HIV in heterosexual IV Drug Users in San > Francisco, 1986_1989. Presented at the Sixth International Conference on > AIDS, San Francisco, Calif., June 20_24. > > The White House. 1991. National Drug Control Consequences: AIDS and > the Politics of Public Health. New Brunswick, N.J.: Rutgers University > Press. > > Prevention and Education > > Side bar pull out information: > > It's not good enough to say that we serve everyone. It's not good > enough to say that our programs are open to all. If we don't specifically > design our programs in such a way that they reach out into the community, > that they become part of the community, and the community becomes part of > them, they are not as functional as they need to be. > > Coupled with our efforts to ensure access, representation, and > inclusion is the essential work of stopping the progression of the disease > through education and prevention activity, focusing on risk reduction and > behavioral change. . . . > > In communities of color, as in the majority of communities, much of the > average behavior is clandestine, behind closed doors and unnamed or named > differently_i.e., gay versus sex with men_so that a singular outreach > strategy will only reach the most physically and obviously adverse > population. > > In our communities it is just as likely that we will reach at-risk > people at church functions, at the barber and beauty shop, at the WICs > program, in jail or work release, and topless clubs, in minor camps, in the > social clubs, at the food bank, at the pow wow, or other community events, at > the kind of local community gathering where people are together and where > information flows. > > P. Catlin Fullwood > July 1990 > > The present situation in Puerto Rico shows the island as having such a > high incidence of HIV that there exists a sense of panic about being > infected. . . . Ignorance is evident at all levels of living_among > employers, in public transportation, as well as funeral parlors overcharging > for burials because they claim to be at risk of infection. > > I feel it is urgent to bring more forceful education throughout the > island to attempt to change the attitudes of panic and rejection suffered by > so many patients, to become instead an environment of faith, hope and > concern. > > Luis Maldonado > November 1990 > > When you go and talk to community people about becoming part of an AIDS > project, they will say, "who is in charge?" And then they will, as we say in > our community, do a reading of that person. > > Alyce Gullattee, M.D., F.A.P.A. > December 1990 > > It's hard to educate a woman who is homeless and hungry. > > Sandra Vining-Bethea > January 1991 > > "-No mueras por ignorancia!" (Do not die because of ignorance!); "La > Familia Hispana Contra el SIDA" (The Hispanic Family Against AIDS); "Informe > SIDA" (AIDS Bulletin); HACER (The Hispanic AIDS Committee for Education and > Resources); Proyecto "Vecino a Vecino" (Neighbor to Neighbor Project); > "Iluminate. (Como vas a manejar? (Vivo o muerto? (Know Yourself. How will > you manage? Dead or Alive?); "Las Almas de Dios" (the Souls of God); "Noche > de Ronda" (Night of Serenades); "La Cl2nica Esperanza" (Clinic of Hope); > CURAS, Comunidad Unida en Respuesta al SIDA (Community United in Response to > AIDS). > > These and many more are the collective response of the Latino/ Hispanic > community's fight against AIDS in this country: from Miami to New York City > and north, Cleveland, Ohio, to Salt Lake City, Utah, and south, to Texas and > on to California and Washington State. > > Adolfo Mata > March 1991 > > What honor can there be in being a hero in a losing battle? History > teaches us that those who exhibit valor on behalf of the conquered become > forgotten. There's an increasingly large body of evidence that suggests that > those of us who are ourselves infected with the HIV virus are already > forgotten, especially if we are black and gay or bisexual. > > Phill Wilson > January 1990 > > Thirty-three percent of all women with AIDS as opposed to 2 percent of > all men with AIDS report exposure through heterosexual contact. > > I am twenty-one years old. I have hemophilia and am HIV positive. I > found out my HIV status when I was fourteen_when they thought it could mean > I was immune. It didn't really matter what they thought then anyway. Death > means absolutely nothing to a fourteen-year-old. I thought I was immortal > until just about a year ago when my girlfriend at the time and I were going > to find out the results of her first AIDS test. Meanwhile, most of my > friends still think they are immortal. This is one of the basic tricky > aspects of AIDS for the adolescent and the young adult. It is extremely hard > to have a mid-life crisis and acknowledge the fact that you are going to die > when life has just begun. The other is the fact that this acknowledgement of > death comes through something that is the reaffirmation of life and love_sex. > > > T. H. > April 1991 > > The hopelessness that is connected with adult life for young minority > people is a future of which they are aware. If we don't change the fact that > they have no hopeful future, I'm not sure we can take the pressure off the > wish to find whatever joyous escape exists in the present. > > Mindy Fullilove, M.D. > March 1991 > > We have over twenty identified Asian/Pacific communities here in > southern California. We speak different languages. We come from very > different cultures, ethnic backgrounds. Language is a barrier for us, not > just English. Along with language, we have cultural barriers_gan-barr, the > barrier of denial, bringing shame to the family. Homophobia and/or > homoignorance. These are all issues and barriers that exist within our > community. > > Dean Goishi > January 1990 > > What do we do now? We do what many cities have been doing for several > years now. We take it to the street. We take treatment to the user. We > take intervention to the user. We take education to the user. We take > prevention to the children and families. Prevention is all of the above. We > take hope to people who have no hope. We become advocates. We become > transportation. We bring food and clothing to those who have no food and > clothing. We let the user, the addict, and the persons living with HIV and > AIDS know that we truly care. We open doors for them that previously were > shut_treatment doors, emergency care doors, medical care doors, and whatever > doors remain locked. > > Edmund Baca > January 1991 > > New York City, has an estimated 200,000 intravenous drug users, > approximately half of whom are HIV positive. > > Yet New York has only 38,000 publicly funded drug treatment slots. > > The medium is the message. You can't have safe sex at Cabrini Green > Projects. It's not a safe place. > > Michael James > March 1991 > > Chapter 3 > > Caring for People with HIV Disease > > Ideally, care for people with HIV disease includes a broad range of > health care and social services designed to enhance the quality of life, > maximize individual choice, and minimize hospital and institution-based care. > Such services should be rendered with compassion in a manner that allows > people with HIV disease and their loved ones to act as partners with their > caregivers. This chapter recommends ways of moving toward this goal. > > HIV disease, especially in its later stages, presents complex > challenges for caregivers. The host of opportunistic infections that > characterize AIDS may attack virtually any part of the body. HIV disease > stubbornly refuses to be limited to any single organ or treatment strategy, > since its fundamental mechanism is the pervasive malfunction of the immune > system. As long as ten years may pass between infection with the virus and > development of full-blown AIDS. Given the great variability in the natural > history of HIV, care needs vary greatly over the course of the disease. > > Care needs also vary among different populations. HIV disease in women > is manifested quite differently than in men; HIV disease in children is > manifested quite differently than in adults. Intravenous drug users often > suffer from extensive concomitant health problems that are exacerbated by HIV > disease. Neurological complications of HIV disease may pose unique > challenges. Individuals with HIV disease also have unique social and > psychological needs as a result of the dire nature of the illness and the > stigma that accompanies diagnosis. > > The epidemic is widening most rapidly among poor people in inner > cities_a group that historically has had difficulty in gaining access to and > finding payment for primary care services. The epidemic also primarily > strikes young adults, whereas systems of care for the chronically ill or > disabled tend to be tailored to the needs of the elderly. The sheer volume > of people who have HIV disease or are at risk of HIV infection in certain > hard-hit cities complicates care strategies still further. There are many in > the early phases of infection who could benefit from treatments designed to > retard the onset of symptoms, as well as benefit from social and mental > health services. Unfortunately, many of these people have no point of entry > into the health care system. Millions of Americans have no health coverage, > and even those people living with HIV disease who have some form of public or > private insurance may still face formidable barriers in gaining access to > needed care. > > Developing a Continuum of Care > > There is a range of services needed by people living with HIV disease > and increasing agreement about where and how to provide such services. > Ideally what is needed is a continuum of care ranging from minor help for > people living at home to congregate living facilities with support services > to skilled nursing care for more dependent persons in nursing homes. There > is no single model of care that is appropriate for all communities. > Nevertheless, in its travels around the country, the Commission discovered a > number of elements indispensable for delivering continuous and comprehensive > services for people with HIV disease. These include: > > y HIV antibody testing that is voluntary and must be accompanied by > counseling_both anonymous and confidential testing contribute in > different ways and both options should be available; > > y education and counseling to help foster and maintain behavioral > changes to reduce transmission of the virus; > > y medical care, including drug therapy and frequent diagnostic > monitoring, ongoing primary care, coordination of inpatient and > outpatient care, access to investigational new therapies, and > adequate options for long-term care; > > y psychological care, including mental health counseling and > spiritual support, that is helpful in coping with a frightening > and sometimes overwhelming condition; > > y drug treatment to help individuals stop using or injecting drugs > or adopt safer drug use practices; and > > y social services, including a range of housing options and income > maintenance, without which medical advances may be beyond the > grasp of those who could most benefit from them. The medical > services needed by people living with HIV disease require a > multidisciplinary care approach in which a team of health care > providers_ including primary care physicians and consultants in > fields such as infectious diseases, oncology, pulmonary diseases, > psychopharmacology, and neurology_works together with patients, > their loved ones, and families to develop a plan for care. > > A basic goal in developing plans of care for people with HIV disease, > as with other illnesses, is to provide dignified and appropriate care in the > least restrictive and least institutional setting possible at the lowest > possible cost. Cooperation among caregivers is essential in ensuring that a > true continuum of care is available, from the time an individual first > becomes aware he or she is at risk or learns of HIV seropositivity all the > way through the care and support needed in the terminal phases of illness. > Primary care practitioners and medical specialists can provide only some of > the services needed by people living with HIV disease. Nurses, > psychologists, home health care workers, nutritionists, and other health care > and mental health care workers are equally essential in ensuring the > availability of a continuum of care. Also crucial are social workers, case > managers, patient advocates, and others who help people living with HIV > disease find jobs, food, and housing_services that must be available if > medical care is to be effective. In some instances, especially where > discrimination based on HIV status is involved, people with HIV disease will > need legal advice to gain access to basic health and social services and to > ensure that their wishes are carried out regarding decisions about terminal > care. It is also critical that the patient/provider relationship be based > upon mutual respect and cooperation. The patient must feel comfortable that > providers are approachable about the full range of care and treatment > options. For example, more and more individuals are seeking advice about or > are using nontraditional and alternative therapies, usually in conjunction > with conventional medical treatments. It is important to establish a > relationship in which both the patient and provider are comfortable asking > questions. > > Throughout its tenure the Commission has heard testimony on local > efforts to better coordinate care under the rubric of "case management." The > goal of case management is to guide patients efficiently and humanely through > the health and social services labyrinths. Case managers serve > simultaneously as gatekeepers, advocates, educators, diagnosticians, brokers, > and caregivers. They are responsible for far more than coordinating medical > care services; they often help find housing, help connect people with > specific entitlement programs and other sources of income support and payment > for health care, and link people with HIV disease with programs of volunteer > support. > > A variety of case management styles has emerged to meet the needs of > people with HIV disease. Depending upon the model involved, a case manager > may be a nurse, a social worker, or a primary care physician. In some > instances, case management is funded by government, is hospital based, and is > linked primarily to discharge planning. Other case management programs are > more community based and follow individuals both in and out of the hospital. > In some states case management is provided by Medicaid programs, this is > especially so in those states with home and community-based waiver programs. > Yet other programs have emanated from prepaid, managed care programs in > health maintenance organizations. The success of a case management program > is to a certain extent contingent upon the availability of a spectrum of > necessary services. > > The Commission believes that case management programs should be > supported and further refined to meet the particular needs of people with HIV > disease. Case management offers not only the potential for saving costs, > limiting hospital stays, and bringing coherence to service delivery, but also > may enhance satisfaction and quality of life for those with HIV disease. > > Assuring Availability of Health Care Providers > > As the number of people with HIV disease grows, the availability of > health care practitioners is an increasing concern. The complexity of care > for HIV disease (especially in its later stages) is such that no single > medical specialty or discipline encompasses all the necessary skills. > Infectious disease and oncology specialists were initially cast in the role > of primary caregivers in the HIV epidemic. However, as the epidemic has > progressed, internists, family medicine practitioners, obstetrician/ > gynecologists, and pediatricians have had to incorporate the care of HIV > disease into their general practice. The Commission believes that primary > care providers should be able to counsel about HIV transmission risks; > diagnose and treat early HIV disease; monitor patient care; and recognize > complications later in the disease process that require consultations from > specialists or referrals. > > Despite the great need for services for people with HIV disease, health > care providers have often been reluctant to care for them. The reasons > include low reimbursement rates for people whose care is paid for by > Medicaid; a lack of familiarity with and understanding of treatment for the > disease; fear of becoming infected during the course of treating patients; > discomfort in treating gay men or intravenous drug users; and unease in > dealing with the psychological stresses of caring for dying young patients > with multiple physical and psychological needs. > > The Commission believes health care practitioners have an ethical > responsibility to provide care to those with HIV disease. Lack of > specialized knowledge, concerns about the risk of HIV transmission, increased > stress, or disaffection with those who are at risk are not reasons to avoid > caring for individuals with HIV disease, although these concerns are real, > pervasive, and must be dealt with directly. The following section looks at > ways to address these concerns in order to attract, train, and support > sufficient numbers of health care providers to meet the challenge of HIV > disease. > > Educating Caregivers > > HIV education and training programs for health care providers must be > improved and expanded, and better methods developed to disseminate > state-of-the-art clinical information to the full range of health care > providers, including physicians, nurses, physicians' assistants, social > workers, psychologists, and other health and mental health care providers. > The AIDS Education and Training Centers, federally funded by the Health > Resources and Services Administration, have the potential for training > thousands of care providers. Education and training programs will require the > combined support of government agencies and professional associations. > Primary care providers must be trained in HIV care, and specialty backup of > technical advice and consultation must be provided. A few states have made > continuing medical education in HIV care a condition of relicensure. Some > medical professional associations have developed extensive training programs. > But they should not be expected to carry the full load. > > A greater sense of urgency is necessary in the development and > dissemination of professional standards of care for HIV disease. The Agency > for Health Care Policy and Research has just begun to develop standards of > clinical care for asymptomatic HIV infection. Professional associations of > health care workers, with mechanisms in place for reaching their memberships, > have a key role to play in standard setting. Fellowship programs and career > development awards for individuals devoted to the care of people with HIV > disease are ways of rewarding professionals and helping to establish role > models for subsequent trainees. Career development and career advancement for > individuals who choose to make AIDS care and education a significant part of > their professional life should be available. > > The adoption of "universal precautions"_avoidance of exposure to blood > and body fluids regardless of whether or not patients or health care workers > are believed to be infected_provides the best means of minimizing risks from > HIV for both patients and caregivers in the health care setting. Health care > workers should be encouraged to adhere vigorously to guidelines for > infection control. Concerted efforts must be made to work with health > professionals at the earliest stages of training on attitudinal issues and > ways to best manage occupational risks. Medical schools, dental schools, > nursing schools, and schools of allied health should incorporate into their > required curricula training on proper ways to avoid risks from blood-borne > pathogens. Such programs must be continued during postgraduate training when > young professionals form lifelong habits of practice. > > The growing chorus of demands for mandatory, widespread HIV antibody > testing of health care workers (HCWs) and patients threatens to drive a wedge > between patients and their caregivers. It also misses the point. As the > Centers for Disease Control (CDC) has stated, > > Mandatory testing of HCWs for HIV antibody, HBsAg, or HBeAg > is not recommended. The current assessment of the risk that infected HCWs > will transmit HIV or HBV to patients during exposure-prone procedures does > not support the diversion of resources that would be required to implement > mandatory testing programs. Compliance by HCWs with recommendations can be > increased through education, training, and appropriate confidentiality > safeguards. > > Mass screening programs would interfere with the doctor-patient > relationship, would encourage a false sense of security because of the time > between when infection develops and the time when it can be measured by > clinical tests, and would imply a significant risk of infection transmission > in health care settings when such risk is actually very small, particularly, > as CDC has stated, "when HCWs adhere to recommended infection control > procedures." > > Where Care is Provided > > In most cities the care of HIV disease is concentrated in a few > hospitals, often in public facilities or teaching hospitals. Many of these > hospitals have centralized AIDS care or established AIDS-dedicated units. > Hospitals and oupatient care should be linked to community-based services to > ensure the continuum of services identified above. HIV-related services must > be expanded to include facilities where underserved populations already > receive health care and human services, such as community health centers, > migrant health centers, Indian Health Service programs, and the like. In > addition, counseling, testing, and care related to HIV disease must be made > available in settings where providers speak the language of the communities > they serve. > > Ongoing research is needed to determine what works best where and how > to deliver care to people living with HIV disease. Lessons can be learned > from the organization of care for diseases other than HIV. For example, in > the context of hemophilia treatment, a system of regional comprehensive > treatment centers provides both increased quality and cost-effectiveness by > combining sufficient numbers of patients so that economies of scale can > justify the single-center multidisciplinary team approach. The AIDS program > of the Department of Veterans Affairs, administered by its Veterans Health > Administration, has become the largest single source of direct health care > services available for treating AIDS patients in the United States. > Implementing findings from health services research can help ensure that > decisions about where to deliver care are based on individual needs and not > administrative convenience or the exigencies of particular reimbursement > strategies. Health services research can also help identify the variables > that would contribute to a community's decision to centralize care in one > unit or hospital. While centralized AIDS care or AIDS-dedicated units may be > appropriate for some communities, they may not be practical for others. > Evaluating the different approaches as to where and how care can be provided > would be very helpful to those communities beginning to organize HIV-related > care services. > > Alternatives to Hospitalization > > Many people with HIV disease would in certain stages of their illness > fare better in a less intensive and less expensive setting, but they languish > in hospitals because of a lack of access to rental housing, congregate living > facilities, nursing homes, and hospices. > > Many nursing homes have been reluctant to admit people with HIV > disease, citing the fears of other clients, inexperience with managing > infectious diseases, and lack of adequate reimbursement. People with HIV > disease are typically much younger than most nursing home clients. Moreover, > nursing homes may not always meet the needs of people with HIV disease who > alternate between periods of illness and relative well-being. The Commission > believes that nursing homes must overcome their reluctance to accept people > with HIV disease. At the same time, other options for long-term skilled care > should be developed and encouraged. There may also be a poor fit between HIV > care needs and traditional hospice services. Hospice clients have > traditionally been cancer patients whose prognosis and decline could be > predicted with relative certainty. HIV disease is much more unpredictable. > People with HIV disease in hospices sometimes wish to seek readmission to a > hospital or to undergo therapies (such as ventilator assistance) that would > otherwise be unavailable in a traditional hospice setting, where the focus is > exclusively on palliative care. In a number of cities, hospices have been > created exclusively for people with AIDS. Both options should be available. > People with HIV disease are at the forefront of a trend toward minimizing > unnecessary hospitalization by moving treatment to less intensive and more > familiar settings. Many procedures formerly requiring hospitalizations, such > as lumbar puncture, chemotherapy, and transfusions, are increasingly > performed in outpatient settings in the context of HIV care. The ability to > receive care outside of the hospital can enhance quality of life, foster > autonomy, improve outlook and attitudes, and allow people with HIV disease to > spend more time with, and sometimes be cared for by, their loved ones. > > The desire of people living with HIV disease to remain at home and be > cared for at home has coincided with fiscal pressures to reduce health care > costs and shorten the length of hospital stays, fostering the growth of the > home health care industry. Scores of companies now offer intravenous, > intramuscular, and aerosolized home therapy. AIDS care constitutes a > significant portion of this rapidly growing sector of the health care system. > Rules and regulations for third-party payment must be adjusted to meet new > realities and opportunities for home health care. As home health care > efforts grow, increasing attention will be necessary to the quality and cost > of such care. > > Linking HIV Prevention with Primary Care > > Behavioral change will continue to be the greatest hope for altering > the course of the epidemic. Prevention and education programs will continue > to be of paramount importance in encouraging such change. Of particular > interest in the health care context are programs of HIV antibody testing and > counseling. There is a longstanding consensus that HIV antibody testing > alone will not suffice in creating and sustaining behavioral change. > Nevertheless, when testing is accompanied by supportive pre- and post-test > counseling, knowledge of HIV antibody status can help some individuals make > the changes necessary to prevent the further spread of HIV. Beyond its > function as an adjunct to behavioral change, HIV antibody testing now has a > role to play in the context of early intervention. Discovery that one is HIV > positive early in the course of HIV disease can provide hope of a longer life > of better quality when diagnosis, monitoring, and treatment begin early in > the course of HIV disease. Individuals at risk of HIV infection need ready > access to voluntary testing and counseling services in order to find out > their HIV status. For many impoverished individuals, gaining entry into a > health care and social services system by means of a passport stamped "HIV > antibody positive" is a cruel hoax. Many still experience long delays > between the time they test positive and the time they have their first > medical evaluation. Too many people with HIV disease first enter the health > care system via the hospital emergency room with an episode of Pneumocystis > carinii pneumonia, a largely preventable illness; too many women first find > out they are HIV positive after giving birth to an infected child. > Increasingly, public health providers are being asked to provide primary > health care, including the monitoring of health status in the initial stages > of HIV disease. HIV antibody testing has expanded from the alternative test > sites created in the mid-1980s to a variety of settings, such as: methadone > maintenance clinics; sexually transmitted disease clinics; hospital > outpatient programs; tuberculosis clinics; family planning centers; and > private physicians' offices. HIV antibody testing that is voluntary and > accompanied by counseling continues to be essential. Both anonymous and > confidential testing contribute in different ways and both options should be > available. > > It is unrealistic to attempt to rely solely on physicians to provide > HIV-related behavioral counseling. Although physicians need more training > and experience in taking sexual histories and in dealing with sensitive > topics related to drug use or sexual behavior, there also must be greater > emphasis on recruiting and training other health and social service > professionals to provide the psychological and social support that is > necessary to cope with a diagnosis of HIV disease and to make necessary > behavioral changes. Although many new HIV testing programs have been put > into place, the training of counselors has lagged behind. The Commission > believes that HIV education as well as testing services with trained > counselors should be available where individuals are likely to seek services. > Programs for HIV antibody testing and counseling should be evaluated in part > on their record of facilitating referrals and providing ongoing health care > interventions. > > Expanding Access to Investigational Therapies > > Investigational new therapies are a critical aspect of HIV care. A > later chapter discusses policy and regulatory questions related to the > development of drugs to treat HIV disease, beginning with the proposition > that investigational therapies are in many instances the only hope for people > with HIV disease. Hence, it is wrong not to offer drugs under study to > women, people of color, substance users, prisoners, adolescents, and > children_all of whom have experienced difficulty in gaining such access. > Frequently individuals enroll in clinical trials because it is their only > means of access to primary care. Primary care providers are increasingly > being called upon to help people with HIV disease choose among potential > investigational therapies and monitor the administration of such drugs. > > Information about drugs under study and eligibility requirements for > clinical trials must be made widely available for care providers and patients > alike. News about the latest results of clinical trials also must be rapidly > communicated to health care providers who may not be directly involved in > conducting clinical research studies. In some cases, it may be appropriate > for federal agencies to conduct widely targeted mailings concerning > breakthroughs in HIV care to supplement information available in medical > journals and through professional associations. Access to a growing number > of therapies is also currently available through the parallel track or > expanded access programs administered by pharmaceutical companies. This can > make medications available to a great many individuals for whom there are no > alternatives. However, the process of gathering data to monitor patients' > reactions to drugs under study is extremely time-consuming and may differ > from drug to drug (even though individual patients may need a number of such > drugs over the course of their illness). The time and paperwork involved is > daunting for individual care providers who lack the resources of clinical > investigators. Some of these problems could be obviated by the development > of uniform guidelines for data collection for drugs dispensed in expanded > access programs, including data for individuals simultaneously taking > multiple investigational drugs. Ways must be found to assist health care > providers in the administration of such efforts. > > Integrating Treatment _for Drug Use _with Primary Care > > The percentage of AIDS cases related to injection drug use has > increased sharply, from 18 percent before 1985 to nearly 33 percent in > 1990_1991. There are an estimated 500,000 to 1.5 million injection drug > users in the United States, and only 15 to 20 percent are estimated to be > receiving treatment for their drug dependency. Drugs other than injected > ones, particularly alcohol and crack cocaine, are also strongly implicated in > increased risk of HIV infection because of the role they play in impairing > judgment about sexual risk taking. > > Health care workers in primary care roles must be able to recognize > substance use problems and provide care in a compassionate and > nondiscriminatory manner. Substance users have often been "unwelcome guests" > in the health care system and may have problems attaining care. Providers > fear that they may leave the hospital against medical advice and may seek or > use drugs while hospitalized. Intravenous drug users often have no private > insurance or even public medical assistance. In addition, medical problems > related to their substance use may be difficult to treat, e.g., collapsed > veins, cirrhosis, or other liver diseases. The failure to obtain > compassionate and needed care may in turn foster negative attitudes among > substance users about the health care system, which in turn may result in a > reluctance on the part of substance users to seek care in the future. > Attention to how to care for drug users and deal with substance use issues > has been a major gap in both medical and nursing education. Physicians > should be able to take a drug use history and to understand the care needs of > substance users. Primary care providers do not necessarily have to become > chemical dependency treatment experts, but they should be familiar with > treatment options and know how to make appropriate diagnoses and referrals. > Most drug treatment, including methadone maintenance, detoxification, > twelve-step programs, and therapeutic communities, takes place outside of > traditional health care settings. The AIDS epidemic underscores the > importance of integrating such services with primary care. Such integration > should be a top priority. > > Supporting the Contributions of Volunteers, Friends, _and Family One of > the most remarkable features of the HIV epidemic has been the extent to which > services needed by people living with HIV disease have been provided by > volunteers. Many people with HIV disease need assistance in activities of > daily living_help with cooking, cleaning, and other household chores and with > transportation to appointments. At times the assistance involves helping > with the administration of medications or providing medical services that can > be accomplished by lay people with minimal training. These services are > either provided informally or through community-based organizations that > utilize volunteer services. Much unpaid work on behalf of people living with > AIDS is not thought of as "volunteering," because it happens in the context > of kinship relationships. > > Volunteer labor is not equally available in all regions of the country > or to all people. As the epidemic continues, the supply of volunteers may > prove inadequate. It may prove more difficult to enlist volunteers on behalf > of people who use drugs or to find people who can afford to volunteer in > communities ravaged by poverty. The gay community is losing many volunteers > to burnout and to sickness and death, and others are choosing to funnel their > energies into spurring governmental action to provide needed services. > > Community-based organizations are struggling to keep pace with > increased caseloads. Many such groups are finding that the skills and > energies necessary to get them off the ground are different from those needed > to sustain them. Many community-based organizations are struggling to > diversify and solidify sources of funding, as they run out of funds from > sources of seed money and demonstration grants. Federal, state, and local > entities must provide support for training, technical assistance, supervisory > staff, and program coordination to acknowledge and support the > community-based organizations, family members, friends, and volunteers who > are an integral part of the HIV care system. Applications for funding are > frequently too complex and bureaucratic requirements too burdensome to allow > programs to flourish in communities of greatest need. Community-based > organizations must be given greater lattitude to experiment with programs to > address the needs of particular communities. > > Small investments of funds in supporting and training volunteers will > yield enormous returns of invaluable services. Funders should support newer > programs while resisting the temptation to pay for such support by trimming > viable existing programs. Community-based organizations formed in > communities of color and in cities where there are large numbers of > intravenous drug users with HIV disease have special needs. Inadequate and > unstable funding sources contribute to unnecessary competition among local > groups, when coalition building is essential. > > In the second decade of the AIDS epidemic, care will have to be > provided to many thousands of people. It will have to include social and > mental health services alongside medical care. It will require trained > providers at locations across the country where people come for care. And it > will require the commitment of the nation to make care accessible and > affordable. > > Recommendations > > 1. Government should assure access to a system of health care for all > people with HIV disease. > > At a minimum, a system of care for all people with HIV disease > should include a package of continuous and comprehensive medical and social > services designed to enhance quality of life and minimize hospital-based > care. States, counties, and municipalities should assure that such services > are available for individuals with HIV disease. Case management programs > should be available to coordinate such care. These services must include: > > y HIV antibody testing that is voluntary and must be accompanied by > counseling_both anonymous and confidential testing contribute > in different ways and both options should be available; > > y education and counseling to help foster and maintain behavioral > changes to reduce transmission of the virus; > > y medical care, including drug therapy and frequent diagnostic > monitoring, ongoing primary care, coordination of inpatient and > outpatient care, access to investigational new therapies, and > adequate options for long-term care; > > y psychological care, including mental health counseling and > spiritual support, that is helpful in coping with a frightening > and sometimes overwhelming condition; > > y drug treatment to help individuals stop using or injecting drugs > or adopt safer drug use practices; and > > y social services, including a range of housing options and income > maintenance, without which medical advances may be beyond the > grasp of those who could most benefit from them. > > 2. HIV-related services should be expanded to facilities where > underserved populations receive health care and human services, in part to > ensure their increased participation in trials of investigational new > therapies. > > 3. HIV education and training programs for health care providers > should be improved and expanded, and better methods should be developed to > disseminate state-of-the-art clinical information about HIV disease, as well > as drug and alcohol use, to the full range of health care providers. > > The Commission believes all health care providers have an ethical > responsibility to care for people with HIV disease. In order to equip > providers to better counsel and care for people with HIV disease, government > at all levels and local agencies and institutions must develop more effective > education programs and methods for getting the information to all providers, > particularly primary care providers. > > Programs to train health care providers to recognize and manage > drug and alcohol use must be expanded, and programs that integrate treatment > of drug use with primary care must be created and supported. The Commission > believes more federal funds are needed for these efforts. > > 4. Federal, state, and local entities should provide support for > training, technical assistance, supervisory staff, and program coordination > to acknowledge and support the family members, friends, and volunteers who > are an integral part of the care system of a person with HIV disease._ > > Selected Bibliography > > American Medical Association, Council on Ethical and Judicial Affairs. > 1987. 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New York Times. May 2:A11. > > Lambert, B. 1989. Flaws in the health care system emerge as epidemic > rages. New York Times. February 8:A1. > > Lambert, B. 1990. AIDS war shunned by many doctors: Patients are > said to miss out on life-prolonging drugs. New York Times. April 23:A1. > > Levine, C. 1990. In and out of the hospital. In L.O. Gostin, ed., > AIDS and the Health Care System. New Haven, Conn.: Yale University Press. > > > Lewis, C.E., and K. Montgomery. 1990. The HIV-testing policies of > U.S. hospitals. Journal of the American Medical Association 264:2764_2767. > > Makadon, H.J. 1991. Assessing HIV infection in primary care practice. > Journal of General Internal Medicine 6(Suppl. 1):S2_S7. > > Makadon, H.J., S.F. Delbanco, and T.L. Delbanco. 1990. Caring for > people with AIDS and HIV infection in hospital-based primary care practice. > Journal of General Internal Medicine 5:446_450. > > Northfelt, D.W., R.A. Hayward, and M.F. Shapiro. 1988. 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Are universal precautions effective in reducing the number of > occupational exposures among health care workers? A prospective study of > physicians on a medical service. Journal of the American Medical Association > 265:1123_1128. > > Wofsy, C. 1988. AIDS care: Providing care for the HIV infected. > Journal of Acquired Immune Deficiency Syndromes 1:274_283. > > Zuger, A., and S.H. Miles. 1987. Physicians, AIDS and occupational > risk: Historic traditions and ethical obligations. Journal of the American > Medical Association 258:1924_1928. > > Caring for People with HIV Disease > > Side bar pull out information > > I feel I am quite fortunate because I know how to access the system. > I know all the "right" people. I know how it operates. I know what my > rights are. And I know where to go for assistance, because I am a part of > the system professionally. But I can tell you it is still never easy. It is > particularly difficult when I have to run all over town to see the > ophthalmologist, internist, dermatologist, nutritionist, et cetera, and am > not feeling well and trying to hold down a full-time job at the same time. > > > But what about the people who don't have the ability to access the > system due to social, economic or educational barriers? How do they access > a hostile system, a system designed to discourage their use and > participation? > > Andrew Ziegler, M.H.S.A. > September 1990 > > Yesterday in our office, a young woman came who had spent an hour and > a half on a bus with a temperature of 102, a hematocrit of 25, and a very > active six-year-old in tow. She refused hospital admission because she has > the sole responsibility of this child, and would not come in until better > arrangements could be made. We basically babysat her child and let her sleep > in the office until she could regain her strength. This is not an uncommon > problem. Women are often subrogating their care to the care of children or, > in some cases, other infected spouses. > > Mary Young, M.D. > June 1991 > > Neither dentist would see me, due to HIV infection. One dentist told > me that his office was carpeted and he would not be able to sterilize the > room after my visit. A second dentist told me she had plants and could not > take the risk of my infecting her plants and then infecting her other > patients. > > Ronald Jerrell > July 1990 > > We need the same range of housing options for people living with AIDS > as we do for any group of people who may experience deteriorating health: > apartments that can accommodate walkers and wheelchairs, congregate living, > group homes. And it needs to be subsidized because of our limited incomes. > We need home care and personal care attendant services to help people stay in > their homes. And we need flexibility so that people can move back and forth > between those arrangements as their needs change. > > Rebecca Lomax, M.S.W., M.P.H. > July 1990 > > There is a real risk of burnout on the part of the physicians and their > nursing staffs. . . . We have a major problem as treaters regarding how to > take care of our own psyches as well as to maintain the psyches of our > patients and their families. In addition to that, new physicians are not > going into AIDS treatment. They are avoiding hemophiliac care. They are > avoiding anything that has to do with AIDS care. > > Craig Kessler, M.D. > November 1989 > > We know that there are too few laboratories in this country to do CD-4 > testing and that we don't know what kind of quality we will get in the > testing that is done. We know that many hospitals even today do not provide > aerosolized pentamidine for their patients, including, I might point out, > some of the major academic hospitals in this country. We know that some of > those hospitals actually avoid AIDS care altogether. And perhaps most > disturbingly, we know that the majority of American physicians do not yet > know about these advances and in fact have no access to programs that could > teach them about these advances. > > Deborah Cotton, M.D., M.P.H. > November 1989 > > The loss of my mother, the loss of my three children, the lack of > services have left me with a wish for death. But then I think I want to > live. And I want to stop using drugs, but I need someone to care for me. > Right now I have known for two years that I am HIV positive. Fortunately, > I have not gotten sick. > > Yvette > January 1991 > > The percentage of AIDS cases related to injection drug use has > increased sharply, from 18 percent before 1985 to nearly 33 percent in > 1990_1991. > > I polled a bunch of volunteer managers at other agencies and said, > "Here's your chance to say something. What would you want me to pass on for > you?" And one man just sighed on the phone, this man at the San Francisco > AIDS Foundation, and he said, "Just tell them that without the huge volunteer > work force in our organizations this epidemic would have crippled the country > a long time ago. Just make sure they know that." > > Laurie Sherman > July 1990 > > Chapter 4 > > Health Care Financing > > Gaps in the United States health care financing system have been made > increasingly evident by the HIV epidemic. Millions of Americans are without > health insurance and thus face significant barriers to needed care. The > first decade of AIDS coincided with a period of great ferment in health care > financing, during which numerous proposals emerged for improving access and > quality of care and limiting rising costs. Although health care access is > not a problem unique to people with HIV disease, the HIV epidemic does pose > some unique challenges for the health care system. It adds to a problem that > has grown beyond the scale that can be solved by piecemeal tinkering. > Fundamental reforms are needed, and it will clearly require political courage > to propose and implement them. Part of the Commission's mandate from Congress > is to "evaluate the adequacy of, and make recommendations regarding, the > financing of health care . . . relating to AIDS." This chapter does so in > considerable detail. By necessity, however, the discussion goes beyond the > mandate, for a financing reform proposal addressed solely to HIV disease > would provide selectively and perhaps only temporarily for that population > while ignoring the larger, more systemic problem. > > The Commission urges the President and Congress to address the health > care problems of all people living in the United States by supporting > universal health care coverage. This coverage should be comprehensive and > include prescription drugs. No person living in the United States should be > denied health care because of an inability to pay, nor should people be > forced into poverty or left without dignity because they are unfortunate > enough to have a major health problem. Our nation must do what virtually > every other major industrialized nation has done_adopt a universal health > plan that ensures access to health care for all its citizens. > > Unless action is taken, the ranks of the uninsured and underinsured > will continue to grow, opportunities for HIV education, prevention, > counseling, and early intervention will continue to be missed, and > individuals whose HIV disease requires acute care will turn increasingly to > the already overburdened public hospital system.* > > The Particular Challenges of HIV Disease > > Original estimates of the costs of caring for people with AIDS were > quite high. The first and most widely cited estimate, made in the mid-1980s, > was $147,000 for each patient for the direct medical costs of AIDS care from > AIDS diagnosis to death. This figure has been revised substantially downward > in several subsequent studies, as ambulatory care has supplanted expensive > hospitalizations and as costs for many of the drugs needed to treat > manifestations of AIDS have declined. Although caring for people with HIV > disease is still quite expensive, in the aggregate, costs for HIV care > presently and in the foreseeable future probably total no more than 2 percent > of total U.S. health expenditures. In this context, therefore, it is > probably more accurate to think of HIV disease as posing "financing," rather > than "cost" problems. > > The financing problems are severe. They arise in part because much of > the need for HIV care is concentrated in particular cities and among people > whose care is not covered by private insurers. Moreover, both private and > public third-party payers often fail to cover the full range of services > needed. > > Exclusion from private coverage has resulted from a combination of > factors such as the clinical nature of HIV disease, the demographic > characteristics of people with AIDS, and the employer-centered nature of > health insurance. HIV disease is disproportionately represented among the > poor and people of color, who are at greater risk of being uninsured. Even > those with HIV disease who have private health insurance often find coverage > wanting. Employment-based private health insurance frequently fails to > provide comprehensive coverage of preventive care, outpatient care, long-term > care, and prescription drugs, all of which are key elements of care for HIV > disease. > > A substantial portion of the costs of caring for people with HIV > disease is being shifted from private insurers to public-sector programs. > State, county, and municipal governments are experiencing enormous financial > and political difficulties as they are pressed into service as providers of > last resort in rendering uncompensated care. Those who are impoverished by > the disease and "spend down" to meet eligibility for public programs will > find that Medicaid coverage varies widely from state to state, often leaving > people with HIV disease without effective entitlement to care. For example, > some states did not cover the cost of AZT under their Medicaid program even > after the drug became licensed. Now all states cover AZT, but in some cases > it took well over a year before the only available treatment for people with > AIDS was covered under Medicaid. > > The Scope of the Problem > > It is currently estimated that at least one million individuals in the > United States are HIV infected. The Centers for Disease Control (CDC) > estimated that in 1990 there were between 111,000 and 122,000 people with > AIDS living in the United States, and the projection for 1993 is between > 151,000 and 225,000 people. These alarming figures necessitate immediate > action. The primary recommendation of the Commission is that universal > health care coverage should be provided for all persons living in the United > States. However, in the interim, the Commission recommends a series of > immediate short-term steps to address the urgent problem of inadequate > coverage for people with HIV disease. These steps should build on existing > programs such as Medicare, Medicaid, and the Ryan White Comprehensive AIDS > Resources Emergency (CARE) Act, which already provides limited assistance. > Such steps are well within the nation's economic and administrative > capability and should be a top priority for policy attention. > > Similarly, the Commission encourages long-term reform of the private > health insurance industry. However, in this report the Commission has > focused primarily on recommendations that can result in immediate changes in > publicly funded programs. These changes will provide prompt assistance to > those who are poor and seriously disabled and who are therefore in most > urgent need. > > This chapter provides a summary of the current health care financing > system and highlights gaps in health care financing as experienced by > individuals with HIV disease. The recommendations in this report are set > forth with the objective of extending current health care financing coverage > to more people and improving the benefits provided. In view of the charge to > this Commission, our recommendations apply specifically to people living with > HIV disease, but they could reasonably be implemented incrementally for all > people with serious chronic illnesses requiring expensive, recurring care. > > Current Estimates of the Cost of Caring for a Person with HIV Disease > There have been a number of efforts to delineate the costs of caring for > people with AIDS. Most such studies have reviewed costs and charges for > cohorts of gay male patients from the time of an initial AIDS diagnosis until > death. The most recent and realistic estimate of the annual direct medical > care cost for treating an individual with AIDS is $32,000 in 1990 (Hellinger, > 1991).* However, because the proportion of intravenous drug users in the > AIDS patient population is rising, this estimate may have to be adjusted > upward in the future. Intravenous drug users with HIV disease tend to incur > higher than average annual costs than gay men with HIV disease as a result of > their generally poorer state of health and inability to obtain outpatient and > preventive care. Future cost estimates will also have to be adjusted to > reflect changing treatment modalities, but the direction of change could be > either up or down. New drugs may be more or less costly, depending on their > cost of manufacture, their effectiveness, and the manner in which they are > administered. Even if more costly, better drugs may still lead to fewer > hospitalizations and shorter lengths of stay. There may well be other cost > factors to be considered, particularly in rural settings where the cost of > transportation is a factor and where already tenuous resources for general > health care may be disastrously affected by the unexpected expense of AIDS > care. Much of the estimated cost of care for AIDS and for earlier stages of > HIV disease, especially early intervention care, reflects high drug prices. > Medications are key to improvements in the functional status of patients and > to the prevention of Pneumocystis carinii pneumonia, a leading cause of > hospitalization and death for people with HIV disease. The average cost of > providing early intervention to individuals with HIV disease was recently > estimated to be $5,904 per year in 1990 (Arno and Shenson, 1990). This cost > is somewhat lower than in earlier years, but it still poses a considerable > financial burden to those who have moderate or low incomes or are uninsured. > It may even be a burden for insured people, as prescription drugs are not > covered by all private insurers, nor does Medicare cover them. Even with > Medicaid, coverage of drugs is selective and varies from state to state. > > The Current System > > The United States provides health care through a patchwork system > centered on employer-sponsored private health insurance. This is > supplemented, at least in part, by government entitlement programs, most > notably Medicare and Medicaid, covering primarily the elderly, the disabled, > and the poor. Recent estimates indicate that private health insurance covers > approximately 29 percent of individuals with AIDS, Medicaid covers > approximately 40 percent, Medicare covers 2 percent, and the remaining 29 > percent are uninsured. Some of the uninsured individuals may be eligible for > direct care from such sources as the Department of Veterans Affairs, prisons, > public hospitals, or other programs. > > Private Insurance > > As it is currently structured, private health insurance is not well > suited to respond to HIV disease because of limitations in the range of > services covered and the eligibility for coverage. The vast majority of > individuals with private health insurance secure such coverage through their > workplace or that of a spouse or parent. When health insurance is secured > through large employer-sponsored group plans, there are few initial > restrictions on obtaining coverage. > > Federal law requires employers with 20 or more employees to permit > continued coverage for a period of time following termination of employment > if the insured are able to pay the full premium and additional costs. Health > plans for fewer than 20 employees are likely to exclude people with AIDS or > HIV infection or charge higher premiums. Eight states and the District of > Columbia have taken steps to implement premium-paying programs for > individuals with chronic health conditions who are unable to continue paying > their private individual or group insurance premiums. The Commission > believes that all states and/or the federal government should adopt some form > of premium-paying policy. Even good faith employers, fully committed to > keeping people with HIV disease on their payroll and covered by > employer-based insurance, find it difficult to do so. When just one person > is diagnosed with HIV disease on an employer-based insurance program, > insurance premiums are often raised. For many employers, such a raise in > insurance premiums can make the insurance plan virtually unaffordable. The > cost of insurance could, in fact, force an employer to reduce or eliminate > the health insurance program. In some cases, it may force an employer out of > business. This is particularly true for small employers who may have a > number of employees who need HIV-related services. The significant increase > in premiums that can result when an insurance company discovers that one or > more employees need HIV-related services must be addressed. > > The linking of health insurance to employment is problematic for people > living with HIV disease. People with HIV disease may become too debilitated > to work. Even when they are able to work on a reduced schedule, employers > may not be willing to accommodate their needs for time off to cope with > intercurrent illnesses or to keep various medical appointments. In addition, > many with HIV disease have faced discrimination in the workplace. They have > been fired or laid off because of their HIV status, without regard to their > ability to continue working. One study of work loss among individuals with > HIV disease found that in a sample of 193 individuals, 50 percent who worked > prior to the onset of symptoms stopped working within two years. The authors > noted that improved treatments would help slow the rate of work loss (Yelin > et al., 1991). > > Individually purchased health insurance is not commonly held by people > with HIV disease because most insurance companies screen out people who are > already HIV infected and even those believed to be at risk. There are other > problems with private insurance, even when it is available. For instance, > the range of health care benefits provided under private insurance varies > considerably and may not include coverage for costly prescription drugs. In > rare instances, insurers or self-insured groups have attempted to impose > restrictive caps on payments for AIDS-related treatments, caps that have not > been used for any other life-threatening diseases. Another fundamental > limitation of private insurance that is particularly relevant for people with > HIV disease is the traditional restrictions on coverage of experimental drugs > and procedures. Treatments that are technically experimental may be the > standard of care for HIV disease. To exclude coverage of experimental > treatments may be to exclude the sole choice available to someone with HIV > disease. > > Medicaid > > Medicaid is currently the most important source of financing for AIDS > and HIV-related health care benefits (HCFA, 1990). Forty percent of people > with AIDS are covered by Medicaid, and ninety percent of children with AIDS > are covered by Medicaid. Recent studies reveal a strong trend that has been > dubbed the "Medicaidization" of AIDS, that is, a shift in the distribution of > individuals with third-party financing from private insurance to Medicaid > (Green and Arno, 1990; Merlis, 1990). It is unclear whether this can be > explained better by the increase in the number of low-income individuals > contracting the disease or by the reduction in coverage of the disease by > private insurance; probably both factors contribute to this dramatic trend. > > Evidence of such "Medicaidization" is abundant. Whereas Medicaid pays > for approximately 11 percent of total health care costs in the United States, > it funds approximately 25 percent of AIDS care. There is an unfortunate side > to this trend, for although Medicaid is designed to cover low-income people, > it falls short of serving the needs of many poor individuals because of the > stringent criteria defining "low-income" and the prerequisite that assets be > below a certain minimum. In addition to poverty restrictions, an individual > must meet one of the categorical eligibility criteria by being over 65, a > member of a family with dependent children, or totally disabled. For most > people with HIV disease, eligibility for Medicaid is through disability, > which requires a clinical diagnosis of AIDS. As a result, Medicaid is > generally available only to very poor individuals and during the later stages > of HIV disease. > > Eligibility criteria and types of benefits covered vary considerably > from state to state, and coverage is almost nonexistent in the Commonwealth > of Puerto Rico and the U.S. territories. While some states provide coverage > for the complete range of benefits needed, others provide a more restricted > range of benefits including only partial and selective coverage of costly > prescription drugs. The low provider-payment rates under Medicaid raise > other concerns, specifically the reluctance of physicians to serve Medicaid > patients and the financial burden placed on hospitals serving Medicaid > patients. Green and Arno found that "physicians are reimbursed by Medicaid > an average of 33 percent of the rates paid by private insurance in San > Francisco and 15 percent in New York. In New York, an intermediate care > office visit is compensated at $84 by private insurance compared with $11 by > Medicaid." They also found a "disproportionate number of hospitalizations of > AIDS patients with Medicaid beginning in an emergency room, unmediated by a > physician responsible for continuing care." Clearly, this situation does not > serve anyone well. Patients are poorly served because of late intervention > and limited services. The health care system is poorly served because of > high overhead costs and the use of expensive inpatient services when early > intervention might have prevented the need for them. > > Medicare > > Medicare provides coverage for approximately 2 percent of people with > AIDS (HCFA, 1990). This is largely as a result of the limiting effect of > eligibility criteria. Before qualifying for Medicare, individuals who are > not elderly must qualify for Social Security Disability Insurance (SSDI). > Before obtaining Medicare they must wait five months from diagnosis of a > disabling condition to receive SSDI payments and then survive a two-year > waiting period_a total of 29 months. It is also important to note that > eligibility for Medicare requires a history of employment. The Commission > believes SSDI beneficiaries who are disabled and have HIV disease or another > serious chronic health condition should have the option of purchasing > Medicare during the current two-year waiting period. > > Also, while there are obstacles to becoming eligible for Medicare, > there are also drawbacks to Medicare coverage once one receives it. The lack > of prescription drug benefits and limited long-term care benefits poses real > problems for people with HIV disease. Out-of-pocket costs can be prohibitive > for a beneficiary as a result of limitations such as deductibles, > coinsurance, the Part B premium for physician services, and uncovered > services. > > Additional Problems of Access to Care > > A variety of factors may cause delays or serve as barriers to early > treatment and care of individuals with HIV disease. Some of these factors > are highlighted in the preceding chapter, which discusses limitations in the > organization and delivery of HIV care. The preceding chapter also looks at > ways in which fear of HIV transmission in the health care setting imperils > access to care by driving a wedge between patients and their caregivers. The > following section discusses some additional barriers to HIV care that relate > to financing issues. > > Prevention and Early Intervention > > CDC estimates that approximately 60 percent of individuals with HIV > infection could benefit from early intervention. This means that even if > there were no further spread of the virus, 480,000 to 720,000 people should > receive such care right now. However, individuals such as intravenous drug > users, the homeless, and those who live in rural areas and who lack access to > care in general, may have limited or no access to counseling and testing and > diagnostic resources and may not receive care until it is an emergency. Many > others who do not have a primary care provider do not have access to > appropriate testing and counseling services and have no access to the early > intervention services they may have been told are now available for people > with HIV disease. Others are afraid to be tested for a variety of reasons, > not the least of which is the very real fear that they will be discriminated > against if they test positive, perhaps losing their health insurance. CDC > estimates that only 12 percent of people who are infected know of their HIV > serostatus, and fewer than that are receiving treatment. Equally alarming, > when counseling is unavailable or inadequate, HIV-infected individuals do not > have sufficient information upon which to base decisions regarding treatment > and risk behavior changes. > > Drug Treatments > > It has been estimated that 90 percent of the early intervention costs > for HIV infection are for prescription drugs, principally AZT and aerosolized > pentamidine (Arno, 1990). CDC estimates that approximately 60 percent of > HIV-infected individuals would benefit from immediate treatment with these > drugs. In addition, the majority of people currently living with AIDS > require expensive drug therapies. > > Later in this chapter, the Commission discusses the impact of the > Orphan Drug Act on the high cost of AIDS drugs and recommends amending the > law to address this concern. The Commission also believes the Department of > Health and Human Services should negotiate reasonable and accessible prices > for drugs developed through NIH-funded research. This would reflect the > federal government's contribution to the research and development costs > normally undertaken by the private sector. > > Provider Reimbursement > > Public and teaching hospitals are an important source of care for > low-income individuals who are uninsured or who have qualified for Medicaid. > Owing to uncompensated care provided to the uninsured and low reimbursement > rates under Medicaid, public hospitals have been experiencing significant > economic losses when they provide care to AIDS patients. Private hospitals > are treating more AIDS patients, but even they are experiencing financial > strains. > > As noted above, physicians have financial disincentives to provide care > to individuals on Medicaid. Physician reimbursement rates under Medicaid are > much lower than those from other third-party payers, and in the final > analysis much care for HIV disease is entirely uncompensated. In this > climate, not only may patients be forced to wait for care until serious > symptoms develop, but they then are likely to be driven for lack of > alternatives to seek care in the more expensive hospital emergency room or > inpatient setting. > > Inefficiency in Current Care Patterns > > There are marked inefficiencies in current patterns of care for people > with HIV disease. One of the primary reasons inefficiency exists is the > unfamiliarity of some providers with cost-saving regimens. Outpatient > management of AIDS in the San Francisco area has been proven to have > substantial cost savings (Hiatt et al., 1990). The use of AZT also has the > potential for reducing annual costs while extending productive lives > (Scitovsky et al., 1990). > > Improving Health Care Financing for People _with HIV Disease The > Commission believes that universal health care coverage is a necessary step > toward addressing these obstacles and ensuring access to quality health care > for all people living in the United States. This coverage should be > comprehensive and should include prescription drugs. In the interim, the > Commission recommends a series of immediate short-term steps to close the > gaps in health care financing for those with HIV disease. In developing > these recommendations, the Commission has sought to make incremental steps > consistent with longer-term comprehensive reform. It has placed primary > emphasis upon: > > y encouraging greater access to health care, especially through > early intervention and outpatient primary care; > > y providing financing for a sufficiently broad range of health care > benefits to avoid distortions and inefficiencies in patterns of > patient care; > > y assuring provider participation by setting payment rates at > adequate levels, while avoiding large profits and open-ended > escalating health care costs; and > > y promoting equity and fairness by giving the greatest assistance > to those most in need_the poor and those with catastrophically > expensive illnesses. > > These incremental recommendations focus primarily on the expansion of > existing public health care financing programs rather than the expansion of > employer-provided private insurance coverage. The Commission does not > believe that an employer-based approach will be successful in meeting the > needs of all people living with HIV disease. In part this is because many > affected persons are outside the work force or are unable to continue working > once the disease reaches an advanced stage. Furthermore, private insurers > have been reluctant to shoulder a greater proportion of the financing burden, > and regulatory attempts to force this burden on employers and insurers in the > absence of more comprehensive reforms are likely to be circumvented. > > Medicaid Expansion > > The Commission recommends that legislation be enacted to expand > Medicaid eligibility for low-income people with HIV disease. Currently, many > people with HIV disease are not eligible for Medicaid even if they are poor. > In addition to its poverty requirement, Medicaid is further limited to people > who are (1) over 65; (2) members of families with dependent children; or > (3) totally disabled. With HIV disease, this requirement generally limits > Medicaid coverage to only those individuals who have a clinical diagnosis of > AIDS. People who have tested HIV positive but have not advanced to a > diagnosis of AIDS do not qualify, even if they meet the low-income > eligibility requirements. This restriction renders poor people with HIV > disease who do not have a clinical diagnosis of AIDS virtually ineligible for > the early intervention treatments and services that can delay progression of > HIV disease, prevent opportunistic infections, and limit numerous (and > expensive) hospital visits. The disability requirement for Medicaid should > be eliminated for people with HIV disease. Although the Commission has made > this recommendation specific to people with HIV disease, it can and should > lead to further changes that will include people with other serious chronic > illnesses. > > The Commission also recommends that the income eligibility requirement > for Medicaid be increased for people with HIV disease. Currently, an > individual must actually be, or in some states be at risk of becoming, > extremely poor to meet the income eligibility requirements for Medicaid. > Many people with HIV disease are not impoverished but nevertheless do not > have the health insurance or independent means to pay for the health care > treatments and services they need. Therefore, either they are forced to rely > on the already overburdened public hospital system for expensive inpatient > care or they must spend themselves into poverty to qualify for Medicaid. > Once impoverished and eligible for Medicaid, they become dependent on many > other welfare programs for such basic needs as food, clothing, and shelter. > > Eliminating the disability requirement at various income levels > (including, in some instances, eliminating the asset test) would expand the > number of people with HIV disease who would be eligible for Medicaid. > Eliminating the disability requirement for people with HIV disease and > raising the current income eligibility to 100 percent of the federal poverty > level would expand Medicaid coverage to include an estimated additional 6,800 > low-income people with AIDS and 63,700 additional low-income people with HIV > infection. This option would increase the total number of Medicaid > recipients by less than half of one percent. > > The overall estimated Medicaid cost of this option would be $345 > million in FY 1991, and would be split between the federal government ($176 > million) and state governments ($169 million). This option would result in an > increase in total Medicaid expenditures of less than one percent. If the > income requirement were raised to 185 percent of the federal poverty level, > with applicable asset tests, Medicaid would cover 91,000 people with HIV > infection and 21,000 people with AIDS. The total cost for Medicaid would be > $660 million and would be split between the federal government ($337 million) > and state governments ($323 million). If the income requirement were raised > to 200 percent of the federal poverty level, with no asset test, Medicaid > would cover 103,200 people with HIV infection and 22,100 with AIDS. The > total cost to Medicaid would be $727 million and would be split between the > federal government ($371 million) and state governments ($356 million). > > Another incremental step would be to allow persons whose Social > Security disability benefits render them ineligible for Supplemental Security > Insurance (SSI) (because their disability payments are larger than the SSI > income level permits) to keep their Medicaid coverage. In some cases, once > a person becomes eligible for SSDI, they lose their eligibility for SSI and > Medicaid and along with it, many of the health care services they need, > particularly prescription drug coverage. Some states have opted to allow > low-income SSDI recipients to keep their Medicaid coverage in order to expand > Medicaid to the medically indigent. The Commission believes all states > should exercise this option. > > Medicaid payment rates for providers should also be increased > sufficiently to ensure adequate participation in the Medicaid program. > Unrealistically low reimbursement rates under the Medicaid program are > serious disincentives for health care providers to care for people who rely > on Medicaid. Medicaid payment rates for physicians, which currently average > only 64 percent of Medicare rates, should be raised to Medicare levels. > > Low reimbursement rates to hospitals may also contribute to an > inequitable distribution of the HIV patient caseload. States should ensure > that payment rates are adequate to cover the cost of efficiently caring for > people with HIV disease. > > To expand primary care to Medicaid beneficiaries with HIV disease, all > community health centers and community clinics receiving Ryan White CARE Act > funding, or similar sites meeting minimal federal standards, should be > entitled to Federally Qualified Health Centers status. As a Federally > Qualified Health Center, a provider would be eligible for reimbursement at > 100 percent of reasonable cost under Medicaid. This would increase the > availability of primary care in areas with large concentrations of people in > need of care. > > Special attention should be given to the concerns of the Commonwealth > of Puerto Rico, where the HIV epidemic is intense and yet where there is a > cap on total Medicaid expenditures, regardless of the growing needs of the > population dependent on Medicaid. Because of the existing cap on Medicaid > funds allocated to Puerto Rico, none of the Medicaid recommendations the > Commission has put forward to expand benefits for people with HIV disease > would include individuals living in this part of the United States. Congress > and the Administration should work together to raise the Medicaid cap on > funds directed to the Government of Puerto Rico to ensure equal access to > care and treatment. > > COBRA Premiums > > States and/or the federal government should pay the employer-based > health insurance premiums for people with HIV disease who have left their > jobs and cannot afford to pay their premiums. The Consolidated Omnibus > Budget Reconciliation Act (COBRA) includes a provision to require employers > with 20 or more employees to permit continued coverage if the insured are > able to pay the premium. If the employee is disabled when he or she leaves > a job, continued coverage must be allowed for 29 months. For people not > disabled at the time they leave their jobs, continued coverage is for 18 > months. This provision is designed to ensure health care coverage during the > time a person would be waiting to become eligible for other health insurance > or, if disabled, for Medicare. Many people with HIV disease cannot afford to > pay the health insurance premiums (referred to as COBRA premiums) during the > waiting period and are forced instead to spend themselves into poverty in > order to become eligible for Medicaid. > > Eight states and the District of Columbia have implemented some form of > premium-paying program to cover the private individual or group health > insurance premiums for individuals with chronic illnesses. The Commission > believes all states and/or the federal government should pay the COBRA > premiums for low-income people with HIV disease who have left their jobs and > cannot afford to pay the health insurance premium. If this option is limited > to people with HIV disease who have incomes below the federal poverty level, > it would extend employer-sponsored insurance to an estimated 2,000 people > with AIDS and 8,000 people with HIV infection. Of the 2,000 people with AIDS > receiving coverage under this option, 1,600 would have previously been > eligible for Medicaid. (It is assumed that the low-income population cannot > afford the COBRA premiums and would apply for Medicaid.) If the Medicaid > income eligibility level is increased, that increased level should apply to > this COBRA recommendation as well. > > This option has the advantage of buying beneficiaries into private > coverage, which is generally much more attractive than Medicare or Medicaid > in terms of benefits covered and reimbursement rates. In addition, a > comprehensive package of benefits is provided through many employer-sponsored > group plans, which would include early intervention treatments. > > The more generous reimbursement rates would be attractive to providers > and people with HIV disease, who would not be required to change their source > of care, as they would if they were covered under Medicaid and their > physicians or hospitals did not participate in Medicaid. This option might > take some of the burden of providing care away from the teaching and public > hospitals and away also from those physicians who accept Medicaid patients. > > This option results in a net savings to Medicaid because costs are > shifted from the Medicaid program to employers through continuing coverage > under employer-sponsored insurance plans. Overall FY 1991 savings to > Medicaid would be $4 million for both people with HIV infection and people > with AIDS. Of this, $28 million is saved for those with AIDS, whom otherwise > Medicaid would have had to pay for, while the net cost is $24 million for > people with HIV infection. > > Medicare Expansion > > SSDI beneficiaries who are disabled and have HIV disease or another > serious chronic health condition should have the option of purchasing > Medicare during the current two-year waiting period. Medicaid would be > required to purchase Medicare coverage for low-income SSDI beneficiaries. > > This option would allow an estimated 10,500 SSDI beneficiaries with > AIDS to purchase Medicare coverage. An estimated 4,900 would have their > Medicare coverage purchased and supplemented by Medicaid; 5,600 would > purchase Medicare on their own. Once eligible for SSDI, an individual would > immediately be allowed to purchase Medicare coverage without having to wait > out the 24-month waiting period. The annual cost to the beneficiary would be > $3,559_the full actuarial cost for Part A (Hospital Insurance) and Part B > (Supplemental Medical Insurance) premiums. In addition, beneficiaries would > be liable for Medicare cost sharing and noncovered services such as > prescription drugs. The cost to beneficiaries is therefore estimated to be > $9,600 annually. Individuals with incomes above the federal poverty level > would be expected to make these payments. Owing to the potentially large > out-of-pocket cost to the individual, it is estimated that only 35 percent of > the SSDI beneficiaries would take advantage of this option. > > Private supplemental insurance policies (called Medi-gap policies) > should also be opened up to people with HIV disease who can afford to > purchase them. These policies are often the only way to cover the cost of > prescription drugs and long-term care for Medicare beneficiaries. There are > significant gaps and cost sharing in the coverage provided by Medicare, which > would put a heavy financial burden on many individuals purchasing Medicare > under this option. Specifically, out-of-pocket costs for Part A include a > deductible of $628 per episode of illness. > > Out-of-pocket costs for Part B, the coverage for physician and related > services, include a deductible of $100 per year and coinsurance of 20 percent > of the allowable Medicare charge. In addition, beneficiaries would be > assessed a combined Part A and Part B premium of $3,559 per year. Figures > are effective as of January 1, 1991. > > Under Medicare Part A, individuals would be covered for inpatient > hospital care, some inpatient skilled nursing facility care, home health > care, and hospice care. Under Part B, they would be covered for physician > services, outpatient hospital services, durable medical equipment, and other > medical services and supplies. However, individuals would not be covered for > prescription drugs, dental care, and a variety of long-term care services. > The lack of prescription drug coverage would be particularly significant for > some individuals because the annual cost of prescription drugs for people > with AIDS averaged $4,400 in 1990 (Hellinger, 1991). > > Despite these limitations in benefits, Medicare coverage will be > attractive to many SSDI beneficiaries. Many are uninsured and unable to > obtain private health insurance. Without Medicare they will be quickly > driven into poverty or will do without needed care. A further benefit of > Medicare coverage is that reimbursement rates higher than Medicaid's would > act as an incentive for physicians to provide ambulatory care to individuals > with HIV disease. > > The cost of this option to the Medicare program is $220 million, in > addition to payments paid by beneficiaries through premiums, deductibles, and > coinsurance. > > Such a change would result in a net savings to Medicaid of $78 million, > since Medicaid would be used to purchase Medicare premiums for those > individuals with incomes below the federal poverty level. Medicaid would > continue to be used for paying coinsurance, deductibles, and for items not > covered by Medicare, such as drugs for those currently eligible for Medicaid. > Of the $69 million savings, approximately $35 million would be federal > dollars and $34 million would be state dollars. > > The Commission supports extending this option to SSDI beneficiaries > with other serious chronic health conditions. Since all SSDI beneficiaries > are by definition seriously disabled, they should be permitted the option of > purchasing Medicare by paying the full actuarial cost of coverage during the > two-year waiting period. This would extend coverage to an estimated 335,000 > persons at an annual cost to Medicare of $1.2 billion and to Medicaid of $900 > million. > > The Ryan White Comprehensive AIDS Resources Emergency _(CARE) Act The > federal government should fund the Ryan White CARE Act at the fully > authorized level. Creating the authority for federal programs to respond to > the crisis of the HIV epidemic is one thing_actually providing the dollars to > pay for them is another. While the Commission commends the Congress for > establishing the Ryan White CARE Act programs, the Commission is very > concerned about the small amount of money actually appropriated to implement > the programs. Full funding is required to assure the availability and > success of these desperately needed programs. The funds for the Ryan White > CARE Act should be new money and not money shifted from other federal health > and human services programs. > > Full funding of the Ryan White CARE Act would encourage the provision > of ambulatory care services to people with HIV disease by increasing > compensation for outpatient care in hospitals, migrant and community health > centers, community clinics, and other entities. This would increase support > for hospitals in areas serving a disproportionate share of individuals with > HIV disease, but it would also bolster migrant and community health centers > and community-based organizations, which currently provide a substantial > share of outpatient care for individuals with HIV disease. Financial relief > for these institutions will enable them to care better for underserved and > indigent patients. They are an important last resort for many uninsured > people and for Medicaid patients who have difficulty finding providers > willing to accept the Medicaid reimbursement rates. This funding is > earmarked for outpatient preventive services and clinical care. These > alternative care strategies have been designed to reduce the number of > unnecessary hospital admissions involving essentially preventable conditions > such as Pneumocystis carinii pneumonia. Such outpatient care, if integrated > into a larger network of services including mental health care, housing, > family services, clinical care, and hospice care will ensure that patients > receive services appropriate to their needs as their HIV disease progresses. > > Interim Steps to Improve Access to Expensive Drugs > > There is a precedent for federal assistance with the cost of expensive > HIV-related drugs. Prior to the Ryan White CARE Act, the federal government > provided discretionary dollars, through the AIDS Drug Reimbursement Program, > to each state to help pay for AIDS-related drugs. This program was expanded > by some states and now, under the Ryan White CARE Act, all states and other > eligible jurisdictions may use grant funds for this purpose. > > The following interim steps should also be taken to improve access to > expensive HIV-related drugs: (1) adequately reimburse patients for the > purchase of drugs required in the prevention and treatment of HIV disease, > including clotting factor for hemophilia; (2) undertake, through the > Department of Health and Human Services, a program for the consolidated > purchase and distribution of drugs used in the prevention and treatment of > HIV disease; (3) amend the Orphan Drug Act to set a maximum sales cap for > covered drugs. > > Adequate Reimbursement _for HIV-related Drugs > > While advances in treatments and technology have made more HIV-related > drugs available, they are for many unaffordable. Many people lack health > insurance and others have selective insurance policies that do not cover the > cost of drugs (or at least the cost of certain kinds of drugs). In addition, > state-funded programs operate on very limited budgets. Adequate > reimbursements and improved payment mechanisms must be explored. > > For example, advances in technology have made clotting factor for > people with hemophilia free from HIV but at a tremendous economic cost. > Virally attenuated clotting factor now costs $60,000 to $100,000 per year > simply to meet the basic needs of one person with severe classical > hemophilia. Three years ago the Presidential Commission on the HIV Epidemic > recommended that the Health Care Financing Administration and Health > Resources and Services Administration "develop alternative payment mechanisms > to make clotting factor treatment affordable for patients." Notwithstanding > this recommendation, nothing has been done. Meanwhile, insurers have become > more selective, many patients have reached their lifetime caps on insurance, > and state-funded programs to provide supplemental assistance are running into > the same budget difficulties that are affecting every other state and local > assistance program. > > Consolidated Purchase_of HIV-related Drugs > > A consolidated purchase of HIV-related drugs would enable the federal > government to negotiate reduced costs for HIV drugs by offering > pharmaceutical manufacturers volume sales. This could be done through a new > mechanism involving a federal agency or through the Medicaid program. There > are a number of precedents for this type of approach. One example is the > federal purchase of childhood vaccines. The federal government, through CDC, > buys childhood vaccines through negotiated open-ended contracts with large > guaranteed minimum purchases. CDC offers this consolidated purchase option > to the states on a voluntary basis. All fifty states have opted to > participate in this program. By purchasing in bulk, the cost of a complete > vaccination series is reduced by approximately 40 percent per child over the > private-sector cost. Medicaid programs in states that pay for prescription > drugs currently pay the full retail price for HIV drugs. With consolidated > purchase, state Medicaid programs could opt to supply medications to Medicaid > recipients at a negotiated reduced rate. The Medicaid program could be > expected to save considerable sums on drug costs for Medicaid recipients. > Lack of access to early intervention because of inability to pay for > medication remains a significant barrier to care for the uninsured, whose > care would therefore be particularly enhanced by this program. The > consolidated purchase approach is attractive for two reasons. First, there > are precedents, such as the federal childhood vaccine program. Second, > consolidated purchase could actually increase sales of AIDS drugs. The > administrative cost would depend on the structure of a consolidated purchase > program, but experience with the consolidated purchase of vaccines suggests > that savings could be considerable. > > Amendment of the _Orphan Drug Act > > The high cost of drugs used in HIV treatment is explained in part by > their patent protection and "orphan drug" status. The Orphan Drug Act of > 1983 was intended to encourage development of drugs for treating small > numbers of people with rare diseases (Asbury, 1991). It provides financial > incentives, tax breaks, and a seven-year exclusive right to the drug's > market. > > Although drug companies' expectation of recouping investments in > research and development and realizing a profit is legitimate, it is also > legitimate for the public to expect a reasonable price for lifesaving drugs. > Frequently cited examples of drugs granted orphan drug status that have > subsequently generated considerable sales and profits include AZT, > aerosolized pentamidine, recombinant human growth hormone, and recombinant > erythropoietin (EPO) (Thoene, 1991). EPO, although principally used for > patients who are suffering from renal disease, is also used to treat > HIV-related anemia. Of the aforementioned drugs, only pentamadine (with 1990 > sales estimated at $480 million) would be clearly affected by reform of the > orphan drug law, since the others are currently protected by patent law > beyond the seven-year exclusivity of orphan status (Asbury, 1991). Reform of > the Orphan Drug Act, however, could affect other drugs still under research, > as well as orphan drugs used in other diseases. > > Reform of the Orphan Drug Act through a cap on sales or profits has a > number of implications. It would deny orphan status to a drug once it had > proved very profitable, while retaining orphan status for small market or > unprofitable drugs. Thus, one result would be to return the application of > the law to its original intent. Further, by preserving orphan status until > a drug has achieved high profitability, manufacturers could still recover the > cost of research and development phases of a new drug for a rare disease; > thus, research incentives would not be lost. For a previously approved drug > granted orphan status for a new indication (as was the case for pentamidine), > the loss of orphan status once high profitability was established would mean > the loss of exclusivity for that drug and for that indication. Market forces > would then be expected to lower costs. > > This proposed approach has an advantage over a population limit for > orphan drugs in that it is based on a demonstrable end point (profits or > sales), whereas population targets are likely to be based on figures (such as > the number of HIV-infected individuals) subject to considerable debate. A > sales cap of $150 million dollars has been suggested by the National > Organization of Rare Disorders. This option attempts to return the Orphan > Drug Law to its original intent, and would not affect drugs with low sales or > profits. > > This proposal could result in considerable savings for all payers of > drugs for treatment of HIV disease. Savings on pentamidine alone could > amount to $900 per patient per year; administrative costs would be minimal. > Such a policy would not be AIDS-specific and would be expected to benefit any > patient group requiring an expensive orphan drug whose price was affected by > the amendment. > > The Commission firmly believes that total systemic reform will be > necessary to genuinely achieve appropriate access to health care for all > people living in the United States. In the interim, the Commission > recommends a series of immediate short-term steps to address the urgent > problem of inadequate coverage for people with HIV disease. > > Recommendations > > 1. Universal health care coverage should be provided for all persons > living in the United States to ensure access to quality health care services. > > > The Commission believes universal health care coverage is a > necessary step to ensuring access to quality health care. This coverage > should be comprehensive and should include prescription drugs. In the > interim, the Commission recommends a series of immediate short-term steps to > address the urgent problem of inadequate coverage for people with HIV > disease. > > 2. Medicaid should cover all low-income people with HIV disease. > > The Commission recommends eliminating the disability requirement > and raising the income level for Medicaid eligibility for people with HIV > disease. By eliminating the disability requirement, low-income people with > HIV infection who have not had a clinical diagnosis of AIDS could be covered > by Medicaid and receive the early intervention treatments and services they > need. Increasing the income eligibility requirement would prevent many > people with HIV infection from having to impoverish themselves in order to > qualify for basic health care services. At the same time it would relieve > some of the reliance on public hospitals by the uninsured. > > The Commission strongly believes these changes should be mandated; > however, at the very least, states should be given the option of making these > changes. In addition, the Commission believes these changes can and should > lead to further changes that will include people with serious chronic > conditions other than HIV disease. > > 3. Medicaid payment rates for providers should be increased > sufficiently to ensure adequate participation in the Medicaid program. > > Unrealistically low reimbursement rates under the Medicaid program > serve as a serious disincentive for health care providers to care for people > who rely on Medicaid. Medicaid rates should be raised to Medicare levels. > > > 4. Congress and the Administration should work together to adequately > raise the Medicaid cap on funds directed to the Commonwealth of Puerto Rico > to ensure equal access to care and treatment. > > Because of the existing cap on Medicaid funds allocated to the > Commonwealth of Puerto Rico, none of the Medicaid recommendations the > Commission has put forward to expand benefits for people with HIV disease > would include individuals living in this part of the United States. > > 5. States and/or the federal government should pay the COBRA premiums > for low-income people with HIV disease who have left their jobs and cannot > afford to pay the health insurance premium. > > 6. Social Security Disability Insurance (SSDI) beneficiaries who are > disabled and have HIV disease or another serious chronic health condition > should have the option of purchasing Medicare during the current two-year > waiting period. > > Medicaid should be required to purchase Medicare coverage for > low-income SSDI beneficiaries. > > 7. The federal government should fund the Ryan White CARE Act at the > fully authorized level. > > 8. The following interim steps to improve access to expensive > HIV-related drugs should be taken: > > (a) adequately reimburse for the purchase of drugs required in the > prevention and treatment of HIV disease, including clotting factor for > hemophilia; > > (b) undertake, through the Department of Health and Human Services, a > consolidated purchase and distribution of drugs used in the prevention and > treatment of HIV disease; > > (c) amend the Orphan Drug Act to set a maximum sales cap for covered > drugs. > > Selected Bibliography > > Andrulis, D.P., V.B. Weslowski, and L.S. Gage. 1989. The 1987 U.S. > hospital AIDS survey. Journal of the American Medical Association > 262:784_794. > > Antman, K., L.E. Schnipper, and E. Frei. 1988. The crisis in clinical > cancer research, third party insurance and investigational therapy. New > England Journal of Medicine 319:46_48. > > Arno, P.S., and D. Shenson. 1990. "From AIDS to HIV Disease: > Transformation of an Epidemic." In Community_Based Care of Persons with > AIDS: Developing a Research Agenda. Washington, D.C.: U.S. Government > Printing Office. > > Arno, P.S., D. Shenson, N.F. Siegel, P. Franks, and P.R. Lee. 1989. > Economic and policy implications of early intervention in HIV disease. > Journal of the American Medical Association 262:1493_1498. > > Asbury, Carolyn. 1991. "The Orphan Drug Act: The first 7 years." > Journal of the American Medical Association 265(7):893_897. > > Benjamin, A.E. 1988. Long-term care and AIDS: Perspectives from > experience with the elderly. Milbank Quarterly 66:415_443. Bloom, D., and > G. Carliner. 1988. The economic impact of AIDS in the United States. > Science 239:604_610. > > Centers for Disease Control. 1990. HIV prevalence estimates and AIDS > case projections for the United States: Report based upon a workshop. > Morbidity and Mortality Weekly Report 39(RR-16):1_31. > > Centers for Disease Control. 1991. Mortality attributable to HIV > infection/AIDS_United States, 1981_1990. Morbidity and Mortality Weekly > Report 40:41_55. > > Davis, K., R. Bialek, C. Beyrer, P. Chaulk, P. Cowley, and J. Harlow. > 1991. Financing Health Care for Persons with HIV Disease: Policy Options. > A Technical Report Prepared for the National Commission on AIDS. Baltimore, > Md.: Johns Hopkins School of Hygiene and Public Health, August 26. > > Fox, D.M. 1990. Chronic disease and disadvantage: The new politics > of HIV infection. Journal of Health Politics, Policy and Law 15:341_355. > > Fox, D.M., and E.H. Thomas. 1990. The cost of AIDS: Exaggeration, > entitlement, and economics. In L.O. Gostin, ed., AIDS and the Health Care > System. New Haven, Conn.: Yale University Press. > > Gage, L.S., V.B. Weslowski, D.P. Andrulis, E. Hintz, and A.B. Camper. > 1991. America's Safety Net Hospitals: The Foundation of Our Nation's Health > System. Washington, D.C.: National Association of Public Hospitals. > > Gail, M.H., and R. Brookmeyer. 1988. Methods for projecting course of > Acquired Immunodeficiency Syndrome epidemic. Journal of the National Cancer > Institute 80:900_911. > > Green, J., and P.S. Arno. 1990. The "Medicaidization" of AIDS: > Trends in the financing of HIV-related medical care. Journal of the American > Medical Association 264:1261_1266. > > Griggs, J., ed. 1989. Simple Acts of Kindness, Volunteering in the > Age of AIDS. New York: United Hospital Fund of New York. > > Health Care Financing Administration, Office of the Actuary. 1990. > Financing Health Care for People with AIDS: The Role of the Health Care > Financing Administration. Washington, D.C.: U.S. Government Printing > Office. > > Hellinger, F.J. 1990. Forecasting the medical care cost of AIDS. > Paper presented at the Sixth International Conference on AIDS, San Francisco, > Calif., June 20_24. > > Hellinger, F.J. 1990. Updated forecasts of the costs of medical care > for persons with AIDS, 1989-93. Public Health Reports 105:1_12. > > Hellinger, F.J. 1991. Forecasting the medical care costs of the HIV > epidemic in the United States: 1991-1994. Paper presented at the Seventh > International Conference on AIDS, Florence, Italy, June. > > Hiatt, R.A., C.P. Queensberry, J. Selby, B. Fireman, and A. Knight. > 1990. The cost of acquired immunodeficiency syndrome in Northern California: > The experience of a large prepaid health plan. Archives of Internal Medicine > 150:833_838. > > Iglehart, J. 1987. Financing the struggle against AIDS. New England > Journal of Medicine 317:180_184. > > Intergovernmental Health Policy Project. 1990. State financing for > AIDS: Options and trends. Intergovernmental AIDS Reports 3:1_8,12. > > Lambert, B. 1989. Insurance limits growing to curb AIDS coverage. > New York Times. August 7:A1,A10. > > Makadon, H.J., G.R. Seage, K.E. Thorpe, and H.V. Fineberg. 1990. > Paying the medical cost of the HIV epidemic: A review of policy options. > Journal of Acquired Immune Deficiency Syndrome 3:123_133. > > Merlis, M. 1990. Acquired Immune Deficiency Syndrome (AIDS): Health > Care Financing and Services. Issue Brief 87219. Washington, D.C.: > Congressional Research Service. > > Oppenheimer, G.M., and R.A. Padgug. 1991. AIDS and the crisis of > health insurance. In F. Reamer, ed., AIDS and Ethics. New York: Columbia > University Press. > > Padgug, R.A., and G.M. Oppenheimer. 1990. AIDS, health insurance, and > the crisis of community. Notre Dame Journal of Law, Ethics and Public Policy > 5:35_51. > > Rango, N., I. Feldman, G. Burke, E. Anderson, and S. Anderman. 1990. > Enhanced Medicaid rates for the treatment of HIV. Paper presented at the > Sixth International Conference on AIDS, San Francisco, Calif., June 20_24. > > Roper, W.L., and W. Winkenwerder. 1988. Making fair decisions about > financing care for persons with AIDS. Public Health Reports 103:305_308. > > Rowe, M., and R. Keintz. 1989. National survey of state spending for > AIDS. Intergovernmental AIDS Reports 2:1_10. > > Scitovsky, A. 1988. The economic impact of AIDS in the United States. > Health Affairs 7:32_45. > > Scitovsky, A.A. 1989. Studying the cost of HIV-related illnesses: > Reflections on the moving target. Milbank Quarterly 67:318_344. > > Scitovsky, A.A., M.W. Cline, and D.I. Abrams. 1990. Effects of the > use of AZT on the medical care costs of persons with AIDS in first 12 months. > Journal of Acquired Immune Deficiency Syndrome 3:904_912. Sisk, J. 1987. > The costs of AIDS: A review of the estimates. Health Affairs 6:5_21. > > Stone, D.A. 1990. AIDS and the moral economy of insurance. American > Prospect Spring:62_73. > > Thoene, J.G. 1991. Curing the orphan drug. Science 251:1158_59. > > Yelin, E.H., R.M. Greenblatt, H. Hollander, and J.R. McMaster. 1991. > The impact of HIV-related illness on employment. American Journal of Public > Health 81:79_84. > > Health Care Financing > > Side bar pull out information > > We can't go any longer in trying to provide care without addressing the > underlying failures of our health care system. It's a national shame that we > do not guarantee health care to all of our people. We are struggling now > against enormous odds, both for the acute care needs of people with HIV > infection as well as the long-term needs of people with HIV infection. We're > not going to improve longevity if people can't get into care. > > We need to improve our education efforts. I cannot believe that we > have not put more resources into education at the community level so that > both women and men will recognize that they are at some risk for HIV > infection and can make some kind of informed choice about whether to access > health care, if it exists, in their community. > > Kathryn Anastos, M.D. > June 1991 > > Footnote > * Material in this chapter is drawn from a technical report prepared > for the National Commission on AIDS (Davis et al., 1991). All cost estimates > and projected savings cited in this chapter are based on information > submitted by consultants from The Johns Hopkins University School of Hygiene > and Public Health and The Actuarial Research Corporation to the National > Commission on AIDS. Further information regarding these calculations is > available from the Commission. > > I'd like just to make one comment and that's my late realization in my > career that health care is not a constitutional right. Health care is a > business, and that's why we don't have access to health care for everyone. > > Carmen Zorilla, M.D. > June 1991 > > Footnote > > * Of course, direct medical care costs are not the only costs of AIDS. > As noted by Yelin and colleagues in 1991: ". . . the largest component of > cost of human immunodeficiency virus (HIV)-related illness is due to lost > work rather than to direct expenditures for medical care, reflecting the > onset of this condition among persons in the first half of their careers. . > . ." Other indirect costs of HIV disease include prevention and education > programs, screening of the blood and tissue supply, and training of health > care workers. > > Our state department of health currently provides AZT to persons with > HIV infection providing they have an absolute CD4 cell count of five hundred > or less. The department currently has twenty-three PWAs receiving AZT now > and thirty-six on the list. > > Donna Antoine-Perkins > July 1990 > > The problem is that insurance companies single out these men because > they do not want the financial burden of taking care of what they have > entered into a contract to provide. Insurance companies cut back on ways of > providing health care of these individuals afflicted with HIV by cutting back > on benefits which keep them alive. This is a terrible disgrace. They make > insurance premiums rise astronomically, forcing people with limited incomes, > even with employment, to drop their insurance and then receive benefits as > near as they are from the public sector. > > Paul Rothman, M.D. > January 1990 > > The sobering reality is that health care is indeed rationed in this > country. Only the rich can afford it. Only the employed can attain it. > Only the educated can exploit it. And those who need it are left without it. > Subsequently, they die faster. We have put a price on living longer. > > William Waybourn > July 1990 > > Our state department of health currently provides AZT to persons with > HIV infection providing they have an absolute CD4 cell count of five hundred > or less. The department currently has twenty-three PWAs receiving AZT now > and thirty-six on the list. > > Last week, we received word that continued additions to the waiting > list may no longer be possible. I don't know what's worse; to tell someone > they are number twenty-seven on a waiting list of thirty-six or to tell them > we are no longer accepting names for the waiting list. > > Donna Antoine-Perkins > July 1990 > > The first thing that immediately comes to mind is that what we have is > a crisis of national health care. I mean, we have a health care system that > is just not dealing with the health care needs of people who don't have > private insurance. > > Jim Graham, J.D., L.L.M. > July 1990 > > I keep getting reoccurring infections, but I can't get Medicaid since > I get $800 a month from my job. I have no health insurance. I can't get > any. I had to deny health benefits in order to get my job. > > Lorelei Estrada > June 1991 > > We have had to face the AIDS epidemic with our limited > resources since the major financial subsidy for the indigent, Medicaid, has > an island-wide annual cap of $79 million. This has restricted substantially > the use of AZT, much needed by our AIDS patients. > > Pedro Borras, M.D. > November 1990 > > Once I went to a hospital in New York City. They asked me if I had > Medicaid. When they found out I didn't have any Medicaid they didn't want to > help me. The nurse said, "Oh, your sores don't look that bad, I've seen > worse." My legs hurt so bad I couldn't walk without the crutches I had > stolen. They didn't even clean my sores, they just gave me antibiotics and > put me out on the street to clean them myself. Now, how am I going to keep > my sores clean when I was living in the subway ditch? You know how they are > going to stay? Dirty. > > Ralph Hernandez > November 1989 > > Chapter 5 > > Clinical Trials and Treatment-Related Research > > The following chapter deals exclusively with clinical trials and > related issues of drug development. Such focus should not be construed as an > indirect statement about the relative importance of various other research > endeavors. In fact, the Commission recognizes and appreciates the importance > of the larger biomedical research enterprise and the enormous contributions > it has made to all diseases, particularly HIV disease. This chapter focuses > particularly on the extensive attention and input on clinical trials and drug > development that occurred during months of Commission hearings and > discussions with people living with HIV disease and their caregivers. > Clearly, other areas of research are of critical importance (particularly > vaccine studies and behavioral and social science research), and the > Commission will be focusing attention on these areas in the coming year. > > Overview > > The lack of primary health care services for many people with HIV > disease has forced them to look to clinical trials for basic primary care, as > well as for access to experimental treatments. Although the Commission > firmly believes access to experimental treatments is an essential component > of health care services for all people with HIV disease, the Commission also > believes that obstacles to receiving primary care outside the clinical trial > setting must be addressed so that the research setting is not the only place > of access for experimental treatments. The Secretary of Health and Human > Services should direct the National Institutes of Health (NIH), the Health > Care Financing Administration (HCFA), and the Health Resources and Services > Administration (HRSA) to work together to develop a series of recommendations > to address the obstacles that keep many people from participating in > HIV-related clinical trials, as well as the variables that force some people > to seek participation in trials because they have no other health care > options. > > For people with HIV disease, access to experimental treatments is an > essential component of their basic health care needs. The fast pace of > HIV-related research often results in experimental therapies becoming the > standard of care for people with HIV disease. Experimental drugs are the > only option for many. Access to these drugs through traditional clinical > trial programs and the community-based clinical trials program, as well as > new expanded access programs, is imperative. > > New safe and effective drugs to treat HIV disease are urgently needed. > Although there are some drugs currently available that either attack the > human immunodeficiency virus (HIV) or treat or prevent the many opportunistic > infections that characterize HIV disease, these drugs are, at best, half-way > measures. They may extend life and minimize suffering of people with HIV > disease, but they are far from a cure. Currently available HIV treatment > drugs are expensive and the means of delivering them may be cumbersome, > involving aerosolizers or intravenous infusions. All of these factors may > present barriers to those who could benefit from their use. HIV treatments > may also be toxic; some patients are unable to tolerate certain drugs. > Without new safe and effective drugs, many thousands of people living with > HIV disease face suffering and death. > > In this chapter the Commission looks at how HIV-related clinical trials > have been conducted, highlights ways in which access to these trials can and > should be improved, and explores ways in which the drug development and > approval process can make experimental drugs more accessible to people with > HIV disease. > > Clinical Trials > > Typically it takes many years to get drugs from the laboratory bench to > the pharmacy. This process includes extensive laboratory testing, animal > testing for safety, and early human testing. This sequence of carefully > designed scientific methods also includes a regulatory process to ensure the > safety and efficacy of drugs. These methods and processes have long been in > place to ensure that information is accurate and that drugs are safe. For > many in need of these potentially lifesaving therapies, this process can be > lengthy, laborious, and frustrating. > > Examples abound of drugs, widely believed to be effective, that were > proved ineffective or even harmful when subjected to rigorous scientific > study. In fact, the brief history of the HIV epidemic includes several > examples of such drugs, such as suramin, which actually hastened the death of > people with AIDS, and dextran sulfate, which was used widely before it was > learned that it was not absorbed into the body when taken orally. > > The double-blind, placebo-controlled, randomized clinical trial has > long been considered the most reliable method for evaluating new medical > interventions. It has often been regarded as the "gold standard" for the > establishment of efficacy of proposed new medical treatments. In ideal > circumstances, efficacy protocols would include strict entry criteria > defining a subject's stage of disease, age, and health status, and would be > designed to minimize the number of confounding variables posed by other > disease conditions or drug interactions. Many scientists believe such study > designs offer the most rapid answers to the question of how well a therapy > works. > > The HIV epidemic, however, has prompted a reassessment of the methods > of clinical research and the use of placebo controls. It has brought a new > sense of urgency and concern about the appropriate balance between the need > to bring new, safe, and effective drugs to market for treating > life-threatening illnesses and the need to protect the welfare of > experimental subjects, many of whom see access to these unproven therapies as > their only hope. Some consider this access to experimental therapies a > right. The HIV epidemic has also brought a recognition that the validity of > the scientific process itself depends upon the ability to translate > scientific findings to the real world. > > The strict entry criteria traditionally associated with the controlled > clinical trial have excluded many who wish to participate in HIV-related > trials. > > Women, drug users, people with hemophilia, and children, among others, > were initially excluded from HIV-related trials because they did not meet the > strict entry criteria for participation. Such criteria made access to > experimental therapies virtually impossible for whole communities of people > with HIV disease. (Later in this chapter the Commission identifies obstacles > to participation in trials that still exist for people of color, women, > children, drug users, people with hemophilia, and prisoners.) The > appropriate medical management of people with HIV disease often involves the > use of many different drugs at one time. Each new complication of HIV > disease and its prevention or treatment makes entry into a classically > designed clinical trial difficult since the classically designed protocol > would attempt to minimize the number of variables posed by other disease > conditions or drug interactions. > > Efforts have been made to address the concerns expressed by many about > the strict entry criteria for participation in controlled clinical trials. > The Commission believes these efforts should continue and be expanded, since > greater participation by traditionally excluded groups will not only provide > increased access to experimental therapies for many people with HIV disease > but will also contribute to a better understanding of how certain > experimental drugs will actually work outside a scientifically controlled > environment. > > The Commission believes controlled clinical trials are an essential > part of any comprehensive clinical research program. Placebo controls are > warranted in clinical research when no other effective therapy exists, but > where effective therapies do exist, comparison of new therapies to those > proven effective are considered appropriate. The realities of HIV disease > demand that creativity and flexibility in designing and implementing the > trials are equally essential. Input from representatives of affected > communities at the earliest stage of study design can minimize > misunderstandings and improve participation in trials. The importance of > autonomy and patient choice, long a central theme of discourse about the > ethics of human subjects research, should be underscored. People with HIV > disease have sought and disseminated information in order to make informed > choices about whether they wish to assume the risk of participation in > research. People with HIV disease have also sought greater involvement on > research-related advisory councils. This involvement is now reflected by the > participation of people with HIV disease on many decisionmaking councils of > the National Institutes of Health, the Food and Drug Administration, the > Institute of Medicine, Institutional Review Boards, and other such bodies. > The Commission believes the involvement of people with HIV disease on all of > these councils and advisory bodies has and will continue to enhance > HIV-related research programs. The Commission particularly encourages the > involvement of people of color on these bodies and advisory councils. > > The National Institutes of Health, in particular the National Institute > on Allergy and Infectious Diseases (NIAID), sponsors most of the clinical > research on HIV. The AIDS Clinical Trials Group (ACTG) is a national program > administered by NIAID which sponsors HIV-related clinical trials in academic > institutions around the country. Included in this national program is an > "ACTG-without-walls concept" that specifically conducts clinical studies for > people with hemophilia. > > The ACTG Program has received considerable scrutiny and criticism over > the past few years from a number of individuals and organizations including > ACT-UP, the People with AIDS Coalition, members of Congress, the Institute of > Medicine, and advocates for women, children, and prisoners, among others. In > its Third Interim Report to the President and the Congress, the National > Commission on AIDS also expressed a great deal of concern about the ACTG > program. The Commission was particularly concerned about the > underrepresentation of people of color and women in HIV-related clinical > trials. The Commission is pleased to note that NIH has increased the > participation of people of color and women in their ACTG trials, and strongly > recommends that these current efforts be continued and increased. > > NIAID also sponsors the Community Programs for Clinical Research on > AIDS (CPCRA). These programs are designed to encourage the participation of > persons currently underrepresented in the ACTG Program in well-designed > trials. It is important to note that this program should serve as an > additional research opportunity for underrepresented communities and not as > a substitute for their participation in ACTG trials. The program is also > designed to utilize the considerable expertise and energy of community-based > physicians and organizations for the conduct of sound research. The > Commission continues to consider this to be an imaginative and effective > program that should be continued and expanded in parallel with steps > necessary to strengthen the ACTG Program. The Commission also strongly > supports CPCRA's emphasis on the prevention and treatment of opportunistic > infections as the highest scientific priority of the program. > > The appropriate balance between research on antiviral drugs (aimed at > HIV, the underlying cause of AIDS) and drugs targeted for treatment and > prevention of the many opportunistic infections associated with HIV disease > has also been a topic of much discussion and concern for many people with HIV > disease, for members of the research community, and for the National > Commission on AIDS. The Commission continues to believe that both areas of > research are vitally needed and that the dollars to ensure both are > essential. Congress should provide sufficient funding to enable NIH to give > greater priority to research related to opportunistic infections without > undermining research on antiviral drugs. Sufficient funding is essential > for all HIV-related research activities to protect against shifting funds > from one vital area of research to pay for another. The development of an > NIH plan, as recommended by the Institute of Medicine in its study of the > AIDS Research Program of NIH, would go a long way toward helping to identify > and plan for HIV-related research priorities and funding needs. > > Drug Development _and Approval > > The Food and Drug Administration (FDA) is the federal government agency > with the responsibility to ensure that drugs meet standards of safety and > efficacy before they are marketed. FDA does not initiate drug development, > but rather its regulatory decisions can determine which drugs (developed by > the pharmaceutical industry, or the government, or both) reach the > marketplace. > > During much of the HIV epidemic FDA has been criticized for not acting > quickly enough to approve drugs for use in treating HIV disease. Much of > this criticism has come from people with HIV disease. However, there has > long been criticism of FDA for the length of the drug approval process by > proponents of deregulation who consider the drug lag to be evidence of > excessive red tape. In fact, recently the National Committee to Review > Current Procedures for Approval of New Drugs for Cancer and AIDS (referred to > as the "Lasagna Committee" after its Chairman Louis Lasagna, M.D.) reviewed > FDA activities. In its August 1990 report, the Committee called for less > stringent criteria of effectiveness and recommended that FDA "be more > flexible and permit the use of treatment earlier in the [regulatory] process > where alternative therapies are unavailable." > > There is a great deal of debate over how much and what kind of data > must be required before FDA will approve a drug for marketing; but not all > of the roadblocks to getting drugs to the marketplace involve philosophical > or scientific disagreements with FDA. FDA has been grossly underfunded and > as a result has been hampered by a lack of trained scientists, as well as by > insufficient facilities and equipment needed to review quickly the data > submitted by clinical researchers. Clearly, FDA needs funds and personnel > commensurate with its important mission to safeguard the public health, and > in the context of HIV disease, to speed up the pace of drug approval. The > Commission strongly urges the Congress and the Administration to review FDA's > budget and provide the funding increases needed to meet the demands placed on > the agency. > > Expanded Access Strategies > > From the beginning of the modern era of drug development regulation in > the early 1960s, there have been provisions for distributing potentially > lifesaving drugs, not yet licensed for use, to seriously ill individuals. > Since that time, it has been possible for physicians to gain access to drugs > under study through investigational new drug (IND) applications > ("compassionate use" INDs or investigator INDs). The rules governing such > access were never completely codified; the result was an informal process > that relied heavily on the ingenuity and energy of individual physicians. In > 1987 the IND regulations for drug trials in serious illnesses were updated. > The regulations allowed patients with serious or life-threatening conditions > to receive drugs under any phase of investigation if there was evidence that > they "may be effective." There was much debate about the interpretation of > these regulations in practice as they applied to HIV disease. These problems > led to the search for a mechanism that would allow for widespread > distribution of promising drugs while they are still under study. This > alternative mechanism was dubbed the "parallel track" because it facilitated > early access to experimental therapies for people who did not qualify for > inclusion in protocols, in parallel with ongoing, traditional clinical > trials. > > The parallel track permits the use of a drug as early as the end of a > phase one clinical trial for all patients who are not eligible for > conventional clinical trials or treatment INDs, and for whom no alternative > treatments exist. In May 1990, the parallel track proposal was published in > the Federal Register for public comment. These comments were reviewed by the > Public Health Service in September 1990; the Commission awaits the > promulgation of a formal policy. > > The expanded access arm of the parallel track system was not designed > to yield reliable information about the efficacy of drugs under treatment. > There are no control groups and the use of historical controls (retrospective > comparisons to untreated populations, matched by clinically relevant > characteristics) is made difficult by the complex nature of HIV disease and > the rapidly changing treatments that strongly influence the "natural history" > of the disease. However, data from the expanded access arm may, if collected > properly, be useful in monitoring safety and in providing information about > drug interactions and resistance. The downside of this potential is that > data collection requirements continue to be a concern for beleaguered primary > care physicians and a stumbling block to greater access. > > Furthermore, once a drug is widely available, it may be difficult to > rebut intuitive but poorly substantiated belief in its effectiveness. Drugs > introduced for narrowly defined patient groups often gain adherents for > broader usage that may not be warranted. > > Two questions concerning the success of expanded access programs should > be posed: (1) Are promising drugs getting to the widest possible group of > those in need? and (2) Is sufficient information being gathered to allow > researchers to determine whether drugs are truly effective? The experience > with expanded access programs for dideoxyinosine (ddI) and dideoxycytidine > (ddC) may partially answer these questions. There are also a number of other > proposals to expand access to experimental drugs, ranging from broadening the > range of treatment INDs to conditional approval. FDA should aggressively > pursue all options for permitting the early use of promising new therapies > for conditions for which there is no standard therapy or for patients who > have failed or are intolerant of standard therapy. > > Disseminating Information Concerning Research > > A repeated concern of people with HIV disease about AIDS drug trials > has been delay in getting information about promising new drugs to physicians > and their patients in need. There are a number of possible venues for the > release of information about potential breakthroughs in treating HIV disease. > Peer-reviewed journal articles have a major advantage over most of the > alternative means of distributing information, especially the "science by > press release" process. Side effects, numbers of subjects, study design, and > potentially important caveats are usually overlooked when "breakthroughs" are > announced. However, some researchers have withheld critical data while > awaiting acceptance for publication in peer-reviewed medical journals. A > number of journals follow the "Ingelfinger rule" (named after a former editor > of the prestigious New England Journal of Medicine) enforcing a news embargo > during consideration of articles and prior to publication of research > results. However, in the context of the HIV epidemic many journals have > amended that policy and now recognize exceptions for information of urgent > importance to the public health. > > The main problem with journal publication of important findings about > treatment for HIV disease, including zidovudine (AZT), aerosolized > pentamidine, and corticosteroids, is that publication has lagged as many as > nine months behind less conventional communications such as press > conferences, press releases, or abstracts presented at scientific > conferences. This delay is difficult to understand for people whose > survival may be measured in months or a few years. > > A number of solutions have been proposed, including: revising the > timelines for submitting, reviewing, and accepting articles in peer-reviewed > publications; making articles available on-line as soon as they are accepted > (even prior to actual publication); and encouraging a standard format for > release of information to the press. > > There is a significant role for federal agencies to play in > disseminating information about promising new treatments for HIV disease. > Each of the following groups has an important role to play: the National > Cancer Institute (which administers the Physician Data Query Service), FDA > (which publishes the FDA Drug Bulletin and places columns in a number of > leading medical journals), the National Library of Medicine, the Health > Resources and Services Administration (which funds the AIDS Education and > Training Centers' program to educate health care providers about AIDS), and > the Agency for Health Care Policy and Research. These avenues deserve > exploration, since the merits of peer review per se are substantial and > minimizing delay thus becomes the strategy of choice. The Commission > recognizes that efforts have been made at NIH to facilitate and accelerate > the dissemination of new information concerning therapeutic interventions and > alternatives for people living with HIV disease, including the AIDS Clinical > Trials Information System and Clinical Trials Alerts. In addition, the > January 1991 workshop on expedited dissemination of information and the July > 1991 meeting of a panel convened to develop guidelines on distributing > information are clearly steps in the right direction. The Commission urges, > however, that the worthy objectives of these panels be imbued with the sense > of urgency appropriate to the status of people progressing through stages of > HIV disease and in need of intervention. > > Access to Clinical Trials for Populations in Need > > Some individuals and communities affected by HIV disease have > experienced considerable obstacles to participation in trials, and the > Commission wishes to highlight them specifically. > > Intravenous drug users are often wrongly assumed to be unwilling or > unable to comply with research protocols. In addition, they often have other > health problems that complicate studies. Many lack access to primary care > and, therefore, the information and opportunity to participate in a trial. > > People of color have concerns about exploitation that has taken place > in the research context in the past. The Commission heard powerful testimony > about the shadow of the Tuskeegee syphilis study and the significant impact > the remembrance of this disturbing incident has had on views of many > African-Americans regarding clinical research. Much must be done about the > antipathy for research felt by many people of color. Increasing the number > of racial and ethnic minority health professionals would be an important step > toward addressing this concern. Every effort must be made to identify, > nurture, and support researchers indigenous to the communities they serve. > > As mentioned earlier in this chapter, women, particularly women of > color, have traditionally experienced difficulty in qualifying for clinical > trials. Obstacles to their participation, including the need for > transportation and daycare, should be carefully examined and addressed. While > the Commission recognizes that lack of access to health care seriously > hampers efforts to recruit underrepresented people into clinical trials, this > does not mean it is impossible to do so. Current efforts at NIH to expand > the recruitment of underrepresented populations in the ACTG have enjoyed > initial success and should be continued and increased. Children with HIV > disease also have many problems with access to experimental treatments; > again, some problems are unique to HIV and others are not. The vulnerability > of children raises special concerns about placing them at risk in > experimentation, even when there are potential therapeutic benefits for the > individual children involved or for similarly situated children. However, as > the Commission pointed out in its Third Interim Report, science has moved > forward to the point where the inclusion of children in experimental HIV > therapies is clearly possible. > > Pediatric pharmacology can differ substantially from that of mature > adults. Put succinctly, children are not miniature adults in regard to the > types and dosages of drugs needed for treatment of HIV disease. As with all > research involving children, their limited understanding and capacity to > consent means that proxy decision makers, such as parents or other guardians, > must speak on their behalf. In some cases, this raises further concerns > because of the fragile family and social settings in which children with HIV > disease are likely to be found. Aside from a small fraction of > transfusion-related cases, virtually all HIV-positive children have mothers > who are themselves infected with HIV and may be sick and dying. These > mothers, with limited means and waning energy, are hard-pressed to find > health care for both themselves and their children and may have serious > difficulty in conforming to diverse research protocols. Many young children > with HIV disease are cared for by relatives other than their parents or are > placed in foster care. It may be difficult to secure the necessary consents > for experimental HIV care; parents who relinquish custody do not necessarily > give up decisionmaking rights regarding health care. > > Concerns about scientific issues and the vulnerability of children as > research subjects must be carefully balanced with children's need for, and > right to participate in, research into promising new drugs. The Commission > encourages efforts to address the special needs of the growing number of > children with HIV disease. > > People with hemophilia who live far from any ACTG or who are perceived > of as having co-morbidities of bleeding and liver disease are also often > excluded from trials. Such exclusions should be carefully examined and the > judgment of the person's physician should be respected. Prisoners' > participation in clinical trials has been hampered by a serious confusion > about the applicability of federal regulations designed to protect prisoners > from experimentation abuses. Many have assumed that human subject > regulations and prior ethical analysis all but preclude prisoners' > participation as clinical trial participants; commentators have interpreted > these regulations to preclude only prisoners' participation on the placebo > arm of clinical trials. Practical considerations also pose formidable > barriers for prisoners. It is difficult to ensure voluntariness and informed > consent in the prison setting. Clinical researchers in academic and > community settings may find the regulatory, ethical, and logistical stumbling > blocks too daunting even to attempt enrolling prisoners in trials. > > Concerns about research in correctional facilities, discussed in the > Commission's Fourth Interim Report, warrant close attention because of the > increasing number of people living with HIV in correctional settings. The > Commission reiterates its recommendation that the Department of Health and > Human Services should issue a statement clarifying the federal policies on > prisoners' access to clinical trials and investigational new drugs. In > addition, FDA, in conjunction with HRSA and NIH, should initiate an > educational program directed toward informing inmates and health care > professionals working in correctional facilities of the availability of > investigational new drugs, expanded access programs, and applicable criteria > for eligibility of prisoners in prophylactic and therapeutic research > protocols. > > Who Should Pay? > > The question of who pays or who should pay for experimental drugs and > treatments is still a topic of considerable debate. Many people with HIV > disease have significant limitations on their private and public health > insurance coverage, if they have insurance at all. These limitations are > typically more severe in the coverage of experimental drugs. As new > proposals to expand access to experimental drugs are developed, the debate > over who should pay is sure to continue to force the government and private > sector to answer this question. > > Traditionally, third-party payers have required evidence of a drug's > safety and efficacy before routinely providing coverage, often explicitly > denying coverage for experimental treatments. Such an approach has a > profound impact on people with HIV disease, for whom experimental treatments > are frequently the only recourse. > > Third-party payers rely on a few specific sources for coverage > decisions: FDA approval for drugs under treatment INDs, National Cancer > Institute approval of Group C cancer drugs, or a few authoritative medical > compendia (three are specifically cited in the Medicare Catastrophic Coverage > Act of 1988). Relying only on such sources will greatly restrict the > coverage of many potentially useful drugs, as specific approvals are > sometimes not sought by the manufacturer; for some drugs and some uses > approval may never be sought. > > In most cases thus far, expanded access drugs for treating HIV disease > have been provided by pharmaceutical companies free of charge to eligible > patients, but only if patients are participating in protocols in which > physicians report on the drug's effectiveness and provide the results of > laboratory tests. It should be noted that, even in these special > circumstances, neither the physician's time nor laboratory services are > covered by the drug company. > > In addition, third-party payers have often been reluctant to reimburse > for so-called "off label" use of drugs, that is, use for other than > indications specifically covered on the FDA-approved labeling. As treatments > for HIV disease move quickly through the drug approval process, in some cases > bypassing some traditional phases, the benchmarks usually relied upon by > third-party payers (public and private) will have to be reconsidered. The > Health Insurance Association of America, Blue Cross and Blue Shield, and HCFA > are all reexamining processes for determining which experimental drugs are > eligible for coverage and looking at new technology assessment procedures. > This reexamination is essential for many HIV-related drugs. > > The difficulties in deciding who pays for health care associated with > research vividly reveals the discontinuity in federal health programs. > NIH-based researchers claim no jurisdiction over health care provision, and > the federal agencies responsible for the reimbursement and delivery of health > care, HCFA and HRSA, are not designing program strategies that would take > these research-related issues into account. As discussed above in this > chapter, the Secretary of Health and Human Services should direct NIH, HCFA, > and HRSA to work together to address the health care needs of clinical trial > participants. This effort should include the full support and participation > of the NIH Director of AIDS Research, the Administrator of HCFA, and the > Administrator of HRSA. > > It is important to note that the issue of who should pay the associated > hospital costs when patients are taking combinations of licensed and > experimental drugs is another serious problem. The NIH Reauthorization Bill > that passed the House of Representatives on July 25, 1991 calls for the > Department of Health and Human Services to conduct a study to determine the > policies of third-party payers regarding the payments of certain health > service costs that are provided as part of an individual's participation in > clinical trials conducted in the development of HIV-related drugs. The > Commission supports this provision and urges its swift implementation. > > Access to clinical trials and experimental drugs is essential for all > people with HIV disease. Access should be available equally to people in > need without reference to race, ethnicity, gender, or ability to pay. The > following recommendations are made with this priority in mind. > > Recommendations > > 1. Current efforts at the National Institutes of Health (NIH) to > expand the recruitment of underrepresented populations in the AIDS Clinical > Trials Group should be continued and increased. > > While the Commission recognizes that lack of access to health care > seriously hampers efforts to recruit underrepresented people into clinical > trials, this does not mean it is impossible to do so. NIH has begun to > increase participation and should aggressively pursue the participation of > women and people of color in their clinical trials. > > 2. The Secretary of Health and Human Services should direct the > National Institutes of Health, the Health Care Financing Administration, and > the Health Resources and Services Administration to work together to develop > a series of recommendations to address the obstacles that keep many people > from participating in HIV-related clinical trials, as well as the variables > that force some people to seek participation in trials because they have no > other health care options. > > 3. The Food and Drug Administration should aggressively pursue all > options for permitting the early use of promising new therapies for > conditions for which there is no standard therapy or for patients who have > failed or are intolerant of standard therapy. > > 4. The National Institutes of Health should develop a formal mechanism > for disseminating state-of-the-art treatment information in an expeditious > and far-reaching manner. > > While the Commission is aware of the efforts at NIH to disseminate > information about state-of-the-art HIV treatment, the Commission is also > aware that many health care providers are still not getting the information > they need to responsibly care for their patients with HIV disease. The > Commission believes NIH needs to develop a more formalized mechanism for > disseminating information in a timely and ongoing fashion and should work > with the federally funded AIDS Education and Training Centers, as well as > professional medical societies, to reach as many people as possible. > > 5. 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New Haven, Conn.: Yale University Press. > > Martin, J.M., and H.S. Sacks. 1990. Do HIV-infected children in > foster care have access to clinical trials of new treatments? AIDS & Public > Policy Journal 5:3_8. > > Merigan, T.C. 1990. You can teach an old dog new tricks: How AIDS > trials are pioneering new strategies. New England Journal of Medicine > 323:1341_1343. > > Merton, V. 1990. Community-based AIDS research. Evaluation Review > 14:502_537. > > National Committee to Review Current Procedures for Approval of New > Drugs for Cancer and AIDS, President's Cancer Panel. 1990. Final Report. > Bethesda, Md.: National Cancer Institute. > > National Institute of Allergy and Infectious Diseases (NIAID). 1990. > NIAID Responds to ACT-UP Allegations and Demands. Washington, D.C.: NIAID > Office of Communications, National Institutes of Health. > > National Institutes of Health. 1990. AIDS: 1989 Research > Accomplishments. Bethesda, Md.: National Institutes of Health. > > Nolan, K. 1990. AIDS and pediatric research. Evaluation Review > 14:464_481. Novick, A. 1989. Clinical trials with vulnerable or > disrespected subjects. AIDS and Public Policy Journal 4:125_130. > > Palca, J. 1991. Conflict over release of clinical research data. > Science 251:374_375. > > Richman, D. 1989. Public access to experimental drug therapy: AIDS > raises yet another conflict between freedom of the individual and welfare of > the individual and public. Journal of Infectious Diseases 159:412_415. > > Rothman, D.J. 1987. Ethical and social issues in the development of > new drugs and vaccines. Bulletin of the New York Academy of Medicine > 63:557_568. > > Rothman, D.J. 1987. Ethics and human experimentation: Henry Beecher > revisited. New England Journal of Medicine 317:1195_1199. > > Silverman, W.A. 1986. Human Experimentation: A Guided Step into the > Unknown. New York: Oxford University Press. > > Steinbrook, R., and B. Lo. 1990. Informing physicians about promising > new treatments for severe illnesses. Journal of the American Medical > Association 263:2078_2082. > > U.S. Congress. House. 1988. 100th Congress, 2d Session. House > Committee on Government Operations. AIDS Drugs: Where Are They? Report > 100-1092. > > Valdiserri, R.O., G.M. Tama, and M. Ho. 1988. The role of community > advisory committees in clinical trials of anti-HIV agents. IRB: A Review of > Human Subjects Research 10(4):5_7. > > Vogel, D. 1989. AIDS and the politics of drug lag. The Public > Interest 96:73_85. > > Weiss, R., and L. Mazade. 1990. Surrogate Endpoints in Evaluating the > Effectiveness of Drugs Against HIV Infection and AIDS. Washington, D.C.: > National Academy Press. > > Clinical Trials and Treatment/Related Research > > Side bar pull out information: > > I have a son who is infected with HIV. . . . He was doing very well, up > until a couple of months ago. > > He had to have his tonsils removed. And since then, he's been very > tired and just_he's worn out. And he's just tired of fighting this whole > thing. But he'll hear these little things from people, from school, from the > media. "I heard about a miracle cure." He came home saying, "Mom, I heard > about this cure. You know, can we check on it? Can we go somewhere in > France or something? It comes from some snake's head or something_you know." > And he gets his hopes up so much. > > And just today when I called to see how he was, he said, "Did you > testify yet? Did you tell them?" > > He said, "Did you tell them to hurry up and find a cure?" What do I > tell him? What do I tell him now? I mean he knows ddI is helping him but > now what do I tell him when he hears there's something going on in France > that is definitely a cure? "It's a real cure, Mom. It is. That's what > they're saying." > > How do I explain to him that it's maybe not? What do I tell him? What > happens after ddI? I don't know. I don't have the answers. I know what I > need to tell him, but I don't. I can't. He wants to have hope. I want to > have hope, but I don't see any hope on the horizon as far as a vaccine goes. > He was so excited about a vaccine and I said, well, that wouldn't really help > you. It would help other people like us_like your brothers and myself who > aren't infected. And he said, "So it wouldn't do a damn thing for me, huh?" > > I mean, he deals with it very, very well. But he's starting to see the > injustice and the prejudices and I know it's got to hurt. It's got to hurt, > but he handles it so well. I don't know, I don't know how he does it. I > just think he's a remarkable child. > > Sheila Swain > March 1991 > > Recently I met a woman physician who agreed with me that I may be > experiencing symptoms indigenous to women. > > Read my lipstick_women do not have the same symptoms as men. > > Sonia Singleton > May 1990 > > The strategy for treatment is threefold: treating the complications of > HIV, be they opportunistic infections or neoplasms; direct antiviral therapy; > and ultimately, if we are successful, to reconstitute the diminished immune > response, which, as you could imagine, is something that is really quite > complex. > > Anthony Fauci, M.D. > May 1990 > > Some of you will tell me that, in the world of drug research and > approval, it's never gone so quickly as it has with AIDS; I will tell you > that in some neighborhoods of this country people have never died so often so > young of diseases so ugly as cryptosporidiosis, of MAI, or of a peripheral > neuropathy. . . . Give us this day our daily death and forgive me if I > sometimes sound bitter. But I have a face in my mind for every AIDS-related > condition I can describe to you, and sometimes several faces, every one the > face of a friend either living or dead. . . . When the process by which we > test and approve therapies is so suffocatingly slow, I can see little quick > relief from the cycle of sickness and death that for a decade now has drained > my community and rendered our culture incalculably poorer. > > Jim Eigo, M.F.A. > May 1990 > > During the recent NIAID conference on HIV infection and women, some > observers criticized health officials and researchers for seeing women with > AIDS mainly as vectors for the transmission of the disease to their male > partners or children, rather than as a center of attention in their own > right. In a way, this same question hovers, unasked, around many discussions > of AIDS in the African-American community. Many in the African-American > community wonder about expressions of distress over AIDS among Black > Americans in the face of such remarkable inattention to and disregard for > the health status of the Black community in general: "Are they interested in > the spread of AIDS because they are concerned about us, or are they > interested in us only because they are concerned about the spread of AIDS?" > > > Mark Smith, M.D., M.B.A. > December 1990 > > Our medical systems, of course, are going to have to address ways of > trying to keep pace with this disease, not only in terms of providing care, > but equally importantly in training individuals who will be able to lead the > research effort as well as the clinical care demands of the future. We will > have to bear the financial burdens for this treatment and research. In > addition the pediatric population also faces potential discrimination, which > may increase in the future. > > Philip Pizzo, M.D. > May 1990 > > Chapter 6 > > Government Responsibilities > > The lack of a clear definition of government roles and inter- > governmental partnerships has seriously hampered the nation's response to the > HIV epidemic. A comprehensive national HIV plan should be developed with > full participation of involved federal agencies and with input from national > organizations representing various levels of government to identify > priorities and resources necessary for preventing and treating HIV disease. > The lack of a national plan seriously impairs efforts to end discrimination, > to finance health care, to organize and deliver health and social services, > to recruit and train health care workers, to provide housing for the sick, to > provide effective AIDS education and prevention programs, and to provide > substance use treatment. This chapter identifies government functions that > are key to controlling the HIV epidemic, considers the extent to which these > functions are actually fulfilled, and recommends a series of measures for > improving the response of all levels of government to the HIV epidemic. > > Leadership and Partnership > > The single most important role for government at all levels in the HIV > epidemic is leadership: the ability to inspire citizens, to mobilize > resources to provide for those in need, and to do so with foresight, > compassion, and competence. > > Appropriate government response to AIDS is a subject of enduring > controversy. Elected officials at all levels of government have the > responsibility to be leaders in this time of health care crisis and should > exercise leadership based on sound science and informed public health > practice. The Commission recognizes that many issues raised by the HIV > epidemic place pressures on elected officials to pass laws intended to > respond to constituent fears and concerns. The Commission, however, is very > concerned that policies are being enacted into law that are better left to > scientists and public health experts. Legislative action should focus on > full funding of programs that provide necessary research, prevention, and > treatment programs, and that protect those with HIV disease from > discrimination. > > The social ferment occasioned by AIDS has been great. It has risen to > the top of legislative agendas; nearly one thousand bills related to AIDS > were proposed in state legislatures in the first decade of the epidemic. It > is the most litigated disease in American history. AIDS is also a persistent > topic of headline news, although often the news centers on controversies on > the periphery of the crisis_Should gay bathhouses be closed? Should children > with HIV disease be excluded from school? Should health care workers be > tested for HIV?_obscuring more central issues, such as the lack of access to > health care and the lack of treatment opportunities for substance users. > > All of this is a predictable consequence of the absence of a strong > guiding voice. Committed and informed leadership is necessary to help the > nation focus on the central issues that must be addressed in order to alter > the course of the HIV epidemic. The waning national interest in AIDS has, on > occasion, been accompanied by a backlash against sustaining levels of or > commitment to funding for AIDS prevention and education, health care, and > research. Some have decried what they perceive to be the privileged status > of funding for AIDS research and care. But in contrast to many other > diseases in society, the upsurge in AIDS deaths and illnesses is ongoing, > uncontrolled, and in urgent need of further attention. The word "privileged" > is especially and poignantly misused in the context of HIV disease. A > diagnosis of AIDS confers no privileges; it is a frightening occurrence that > severely tests physical, emotional, and economic resources. > > Leadership is also essential to keeping AIDS at the top of the list of > urgent national problems. The HIV epidemic will expand, demanding ever > greater efforts in the years to come. It should not be allowed to fall off > the list of national priorities because it seems like old news. Nor can the > nation afford to indulge in exasperation or in a misapprehension that the job > of prevention, care, and research is already done. > > Leaders will surely have to take unpopular stands to meet the > challenges posed by HIV, at least until their efforts begin to bear fruit in > enhanced public understanding. Irrational fears must be allayed in order to > prevent discrimination and to implement the advice of medical and public > health officials. Leaders must be willing to speak on behalf of those at > greatest risk of HIV disease, many of whose voices cannot be heard because > they live on the margins of society. > > It is important to acknowledge the differences among state, county, and > municipal governments. In the case of the HIV epidemic, variations in > government structure and function are complicated by major disparities in the > prevalence of HIV infection. Geographic concentration of diagnosed AIDS > cases was so striking a feature of the earliest phase of the epidemic that a > few municipalities, counties, and states dominated both development of policy > responses and consumption of resources. While the incidence of new infection > has expanded far beyond these initial epicenters, the relative concentration > of the epidemic in certain localities has persisted. Debates continue about > how to respond to a disease that is unevenly spread throughout the country. > > Government_at all levels_must do more to respond to the AIDS epidemic. > The lack of government leadership in the epidemic is everywhere evident. > Nevertheless, among all the tasks that must be accomplished, only some can be > done by government. Even where government is not in a position to respond > directly, it must still be sufficiently attentive and aggressive in assuring > that a response is in place. It is imperative that government play a greater > leadership role in helping to delineate responsibilities and to create > effective partnerships among the various levels of government as well as with > the private sector, especially insurers, foundations, corporations, and > community-based organizations. > > The Persistence of Stigma and Discrimination > > In some areas of the country the sheer number of people with HIV > disease has forced a greater awareness and understanding of the disease and > of the people living with the disease. Unfortunately HIV-related > discrimination is not disappearing as more becomes known about the disease. > Surveys of court cases and complaints to human rights commissions show that > rather than disappearing, AIDS discrimination is changing. Subtle prejudices > involving denial of basic health care services are replacing overt forms of > bias. > > The landmark Americans with Disabilities Act (ADA) is a significant > step toward protecting the rights of all disabled Americans, including people > with HIV disease. The passage of the ADA with the inclusion of protections > for people with HIV disease is a victory worth celebrating. Nevertheless, it > would be naive to think that such a law, in and of itself, will eliminate > discrimination and injustice, any more than the civil rights legislation of > 1964 has abolished discrimination based on race. Much will depend upon how > assiduously the ADA is implemented and enforced. Implementation of the ADA > should be carefully monitored, and states and localities should evaluate the > adequacy of existing state and local antidiscrimination laws and ordinances > for people with disabilities, including people living with HIV disease. > > Discrimination against people with HIV disease continues to be the > greatest obstacle to effectively and compassionately responding to the HIV > epidemic. Even the ADA excludes active drug users, a significant portion of > the people infected with HIV, from protections against discrimination. As a > nation we must look carefully at all of our antidiscrimination laws and > ordinances (federal, state, and local), work toward the development of > additional protections where they are needed, aggressively pursue enforcement > programs, and actively work to educate public and private employers, > proprietors, and service providers about their lawful requirement to adhere > to these laws. > > Federal Government > > While a general lack of leadership has been evident at the federal > level, there have been a number of important exceptions. The early and > pivotal work of the Centers for Disease Control (CDC) in epidemiologic > studies to determine the modes of transmission of HIV infection was a major > factor in alerting and informing the world about the epidemic. The primary > role played by the National Institutes of Health (NIH) in supporting both > intramural and extramural biomedical and clinical research is another example > of federal leadership. NIH efforts contributed enormously to the rapid > identification of the causative agent of HIV disease, the development of the > HIV antibody test, and the development of drugs for treatment of HIV disease. > The federal government has also played a leadership role in improving the > protection of the blood and tissue supply, by accelerating procedures for > testing licensure, and by production of drugs, vaccines, diagnostic reagents, > and medical devices. > > While these successes are dramatic and noteworthy, the Commission > believes that serious and substantive problems persist in the coordination of > planning, policy, and program development among federal agencies. Within the > Department of Health and Human Services (HHS), there is still a lack of > effective coordination between the Public Health Service (PHS) and other > agencies within HHS. This is particularly true between PHS, the Health Care > Financing Administration, and the Social Security Administration. > Reimbursement and disability issues are all crucial to the care for many > people with HIV disease and should be closely linked to research, prevention, > and care programs. An even greater potential for gaps exists between HHS > programs and other non-health-related federal agencies. This coordination > could be significantly enhanced by the adoption of a national plan for HIV > including a mechanism for interdepartmental coordination within the federal > government. > > Although the National AIDS Program Office is designated as the > coordinating agency for HIV within PHS and reports to the Assistant Secretary > for Health, there is no cabinet-level coordinating group to deal with HIV, > nor has a single agency been designated with the responsibility for AIDS > programs. One glaring example of the absence of coordination serves to > illustrate the need for improved cabinet-level communication and > cooperation_the longstanding impasse over policy regarding restrictions on > the travel and immigration of HIV-infected individuals. This impasse arose > because of an infrequently used relationship between HHS and the Department > of Justice, and in particular, because of the unwillingness of the Department > of Justice to defer to HHS officials on matters of public health. > > The Commission is aware that there are a number of federal HIV > coordinating groups at this time and that PHS is currently finishing a > strategic plan for HIV policies and programs. There is a leadership group > within PHS to resolve HIV-related policy issues; there is a PHS Executive > Task Force on AIDS; and there is a federal coordinating committee that > includes federal agency heads. > > Unfortunately, the coordinating groups as constituted do not have the > breadth or the authority needed to meet the challenge of HIV disease. When > coordination does take place it is most likely to occur among health-related > agencies (especially within PHS). Yet non-health-related HIV issues arise > with sufficient frequency to warrant more inclusive coordinating bodies. > Such issues include housing, immigration, criminal justice, and corrections. > Some mechanism is needed that would support ongoing consultations among all > federal departments, such as the Department of Housing and Urban Development, > the Department of Justice, the Department of State, and other departments and > agencies that deal with AIDS-related policy issues. This coordination must > also take place at the highest level of each department. Although it is > important for agency staff members to meet regularly to cement working > relationships, it is also critical that cabinet secretaries themselves forge > the broad policy outlines. > > Technical Assistance _and Evaluation > > State and local governments need a much broader form of technical > assistance from the federal government than is currently envisioned or > provided by any one agency. Usually, assistance does not extend through the > life of a program; it is narrowly confined to the particular program and is > primarily attuned to the needs of the granting agency. To some extent, a > model for a broader form of technical assistance or capacity building existed > during the 1970s in the CDC regional centers for training and technical > assistance in the areas of sexually transmitted diseases and tuberculosis. > Although HIV technical assistance would have to span an even broader range of > programs and agencies, the defining characteristics of such centers could be > usefully applied. Staff at these centers were permanently assigned to > fostering state and local competence and were able to assist state and local > governments in evaluating and developing policies and programs, in training > staff, and in planning for future needs. Support of this kind would require > a substantial change in the way federal agencies do business_in effect, it > would require the creation of field technical assistance teams not tied to > specific federal programs or funding streams. > > A related but separate need exists for technical assistance and > capacity building for community-based organizations. Such assistance would > include financial management, personnel recruitment and management, program > planning, and evaluation systems, as well as program and policy issues more > directly related to HIV prevention and treatment. A fundamental and > persistent problem in the development of policies and programs at all levels > of government has been the lack of adequate evaluation. Even now, a decade > into the epidemic, new programs continue to be introduced with inadequate > evaluation designs and processes. Without such evaluations the ability to > discern useful strategies is lost, and continued funding of effective public > programs may well be jeopardized through lack of supporting data and > documentation. One critical factor contributing to the failure to evaluate > public programs has been a marked degree of confusion about which level of > government, and which agency at each level, is responsible for evaluation. > Clear decisions are needed concerning which agency requires the evaluation, > which provides technical assistance, who funds it, and who ensures that it is > done and renders the results both accessible and understandable. Outside > observers often criticize program administrators for failing to evaluate > their own programs when in fact operating agencies rarely have the funds or > technical assistance required to make such analyses. This could be addressed > by increased funding for evaluation and by a concentrated federal effort to > develop and provide technical assistance in the specific area of evaluation. > > Often funds for technical assistance and evaluation are included in > administrative budgets for public programs. This almost invariably results > in inadequate support, both in absolute terms and as a proportion of program > funds. Reasons given for this include legislative concern over the propriety > of large administrative budgets and limited support for appropriating money > to state and local government for evaluation and technical assistance. This > has been the case particularly when federal dollars have been limited and > when a choice had to be made between putting the money into the actual > delivery of services or into administration. State and local governments > have a substantial need for technical assistance, evaluation, and program > dollars. These activities should not be forced to compete with each other. > For example, full funding of the Ryan White CARE Act is required to meet both > the operational and administrative needs of CARE Act programs. There is a > critical need for more broad-based technical assistance and capacity building > in all HIV-related programs. In addition, ways must be found to ensure that > new programs are responsive to local needs. > > There is also a notable lack of agencywide guidance for program > evaluation within CDC, the Health Resources and Services Administration > (HRSA), the National Institute on Drug Abuse, and other PHS agencies. Such > leadership should emphasize the short-term development of information that > will be useful in further policy planning and in program design and > implementation. Evaluation plans are most objective and useful when they are > developed before programs are implemented; but unfortunately at present they > are almost exclusively designed and instituted after programs have been > implemented. This results in unnecessary complexity, undue delay, and > greater costs than the information produced would warrant. Finally, to > warrant investment in them, evaluations must be synthesized and disseminated > in a manner useful to state and local agencies. > > Coordination > > As noted above, federal HIV-related programs are housed in a number of > federal agencies, without a coordinating body or lead agency to track and > resolve contradictory and overlapping program elements. States and > localities are left to cope with funding and administrative requirements that > expand their own bureaucracies and limit their flexibility. With the > implementation of the CARE Act have come some improvements in interagency > coordination within PHS, particularly between HRSA and CDC. Neither Congress > nor federal agencies are preparing adequately, however, for the growing > discrepancy between available re-sources and caseloads of HIV-infected > persons. Plans should be undertaken with a sense of urgency to make changes > in policies, structures, functions, and uses of public monies to cope with > dramatic expansion of needs. Plans must also be made to cope with shifts and > evolutions in relationships between government and private partners. > > The necessity of planning cannot be overemphasized. It is all the more > pressing in light of the critical budget deficits at federal, state, and > local levels (which are at their worst in some of the states with the highest > prevalence of HIV disease). Research on the cost-effectiveness of > alternative policies and programs should be a key component of this planning > process. > > Limitations of Research _and Demonstration Programs > > Federal, state, and local agencies have frequently found themselves > resorting, de facto, to the use of research funds to pay for outreach and > health care delivery services. This occurs because of a high level of need > for direct services and insufficient funds to meet that need. Sometimes > programs begin as demonstration projects for services and are "retrofitted" > as re-search studies. Under such circumstances services are in serious > jeopardy if and when the demonstration has been judged successful and the > research is concluded. Often the research agencies that funded the projects > initially argue that they are not authorized to continue service delivery > beyond the specific demonstration programs. Thus there may be an abrupt > cessation of care for desperately ill people. Further, the services > themselves are "cadillac models" developed with research funds and are > sometimes too expensive to implement on a larger scale. Yet dependent > populations and political constituencies understandably may protest the > significant curtailment of care. > > State Government > > Many states have organized comprehensive planning processes or have > worked extensively with health care providers, employers, volunteer groups, > and others in the development of policies for HIV prevention and treatment. > Nevertheless, problems of coordination among state agencies are common. > These problems have been exacerbated by the rapid growth of HIV programs and > by the fact that staff in agencies other than public health departments are > often unfamiliar with HIV-related issues. These problems become even more > critical in light of state deficits, as states may be forced into > uncoordinated and even contradictory policies in response to federal funding > streams. > > These difficulties have existed since the onset of the epidemic. As > noted above, recent budget deficits have developed in many areas with > moderate-to-high HIV prevalence rates. The pressures of these deficits are > likely to erode existing programs and to leave states, counties, and > municipalities unable to meet the rising tide of need for HIV services. The > same financial crises may also make it all but impossible for these > localities to comply with or fulfill the intent of federal programs when > maintenance of level-of-effort or matching funds are required. > > Local Government _(County and Municipal) > > A number of examples of extraordinary leadership on the local level > have emerged in recent years. Many county and municipal governments have > established comprehensive planning processes that involve not only health > care providers and public health leaders, but also a much broader base of > citizens, HIV-infected individuals, and representatives of impacted > communities. Also, many counties and municipalities have worked successfully > with employers to sponsor policies against discrimination and to > educate employers, health care providers, community and religious > organizations, and other public sector agencies including police, emergency > services, and schools. > > The capacities of some county and municipal governments are strained, > however, by jurisdictions too small to support adequate county and municipal > health departments. These small counties and cities operate without the > public health programs and competence necessary to organize effective > HIV-related (or other) public health and medical programs. County and > municipal governments are increasingly overwhelmed by the demands of > providing access to medical care services (HIV-related and non-HIV-related). > Although local government is the provider of last resort for a growing > population of medically indigent people, tax revenues are diminishing in > proportion to the programs now delegated to local government, and access to > care must compete with many other important social programs including > education, public safety, and general assistance. Lack of information and > technical assistance is as critical a problem at the local level as it is for > state agencies. State and federal agencies provide no systematic information > or technical assistance regarding HIV program design, management, and > effectiveness. > > All levels of government must exhibit strong leadership and improve > their response to the HIV epidemic. The following recommendations should be > adopted immediately. > > Recommendations > > 1. A comprehensive national HIV plan should be developed with the full > participation of involved federal agencies and with input from national > organizations representing various levels of government to identify > priorities and resources necessary for preventing and treating HIV disease. > > > To develop the comprehensive national HIV plan, the Commission > calls upon the President of the United States to designate an individual or > lead agency with the authority and responsibility for instituting a > cabinet-level process to articulate the federal component of an HIV plan, > develop a mechanism for interagency as well as state and local participation > and coordination, and establish a timeline for completion of key tasks. > > 2. All levels of government should develop comprehensive HIV plans > that establish priorities, ensure consistent and comprehensive policies, and > allocate resources. > > These plans should build on the national HIV plan and be developed > at the state level with clear direction and support from each governor and at > the appropriate local level (city or county) with clear direction and support > from the appropriate locally elected official body. Each level of government > should have an HIV Advisory Committee that is composed of representatives of > diverse community-based organizations; the private sector; religious > organizations; public safety officials; people living with AIDS; housing, > health, and social service agencies; and other appropriate representatives. > > The Commission recognizes that most states and many local > governments may have an HIV plan. However, these existing plans should be > carefully reviewed to ensure that they are up to date and comprehensive, and > that they coordinate the entire spectrum of prevention and treatment > services. > > 3. Implementation of the Americans with Disabilities Act should be > carefully monitored, and states and localities should evaluate the adequacy > of existing state and local antidiscrimination laws and ordinances for people > with disabilities, including people living with HIV disease. > > 4. Elected officials at all levels of government have the > responsibility to be leaders in this time of health care crisis and should > exercise leadership in the HIV epidemic based on sound science and informed > public health practices. > > The Commission recognizes that many issues raised by the HIV > epidemic place pressures on elected officials to pass laws intended to > respond to constituent fears and concerns. The Commission, however, is very > concerned that policies may be enacted into law that are better left to > scientists and public health experts. Legislative focus should be on full > funding of HIV-related research, prevention, and treatment programs and on > protecting those with HIV disease from discrimination. > > 5. The federal government should develop an evaluation and technical > assistance component for all federally funded HIV-related programs. > > Understanding what works and why is essential to the development of > effective prevention and care services for people living with HIV disease. > It is essential that all HIV-related prevention and treatment efforts be > evaluated and that the information be integrated into all planning, > prevention, and health care delivery programs. > > Selected Bibliography > > Abt, C.C., and K.M. Hardy, eds. 1990. AIDS and the Courts. Cambridge, > Mass.: Abt Books Inc. > > American Bar Association (ABA). 1989. Policy on AIDS and the Criminal > Justice System. Resolution Adopted by the House of Delegates. Chicago, > Ill.: American Bar Association. > > American Bar Association (ABA). 1990. Policy on AIDS. Chicago, Ill.: > American Bar Association. > > Annas, G.J. 1991. Back to the future: The IOM report reconsidered. > American Journal of Public Health 81:835_837. > > Association of State and Territorial Health Officials (ASTHO). 1987. > Guide to Public Health Practice: AIDS Confidentiality and > Anti-Discrimination Principles: Interim Report. Washington, DC.: > Association of State and Territorial Health Officials. > > Brandt, A. 1985. No Magic Bullet: A Social History of Venereal > Disease in the United States Since 1880. New York: Oxford University Press. > > > Cunningham, I. 1989. The public controversies of AIDS in Puerto Rico. > Social Science and Medicine 29:545_553. > > Dalton H.L., S. Burris, and the Yale AIDS Law Project, eds. 1987. AIDS > and the Law. New Haven, Conn.: Yale University Press. > > Gostin, H.O. 1989. The politics of AIDS: Compulsory state powers, > public health, and civil liberties. Ohio State Law Journal 49:1017_1058. > > Gostin, L.O. L. Porter, and H. Sandomire, 1990. U.S. AIDS Litigation > Project: Objective Description of Trends in AIDS Litigation. Volume II. > Contracct with the Office of the Assistant Secretary of Health, Department of > Health and Human Services. Washington, D.C.: U.S. Government Printing > Office. > > Gostin, L.O., ed. 1990. AIDS and the Health Care System. New Haven, > Conn.: Yale University Press. > > Gostin, L.O. 1990. The AIDS litigation project: A national review of > court and human rights commission decisions. Part II. Discrimination in > education, employment, housing, insurance and health care. Journal of the > American Medical Association 263:2086_2093. > > Gostin, L.O., L. Porter, and H. Sandomire. 1990. U.S. AIDS Litigation > Project: A National Survey of Federal, State and Local Cases Before Courts > & Human Rights Commissions. Volume I. Contract with the Office of the > Assistant Secretary of Health, Department of Health and Human Services. > Washington, D.C.: U.S. Government Printing Office. > > Gostin, L.O., L. Porter, and H. Sandomire. 1990. U.S. AIDS Litigation > Project: Objective Description of Trends in AIDS Litigation. Volume II. > Contract with the Office of the Assistant Secretary of Health, Department of > Health and Human Services. Washington, D.C.: U.S. Government Printing > Office. > > Hunter, N. 1990. Epidemic of Fear_A Survey of AIDS Discrimination in > the 1980's and Policy Recommendations for the 1990's. New York: American > Civil Liberties Union AIDS Project. > > Institute of Medicine. 1988. Confronting AIDS: Directions for Public > Health and Research. Washington, D.C.: National Academy Press. > > Institute of Medicine. 1989. The Future of Public Health. > Washington, D.C.: National Academy Press. > > Intergovernmental Health Policy Project AIDS Policy Center. 1989. > Policy Maker's Guide on AIDS. Washington, D.C.: Intergovernmental Health > Policy Project. > > Intergovernmental Health Policy Project AIDS Policy Center. 1989. > State AIDS Legislation Related to Worker Notification and Exposure: 1983_88. > Washington, D.C.: Intergovernmental Health Policy Project. > > Intergovernmental Health Policy Project AIDS Policy Center. 1989. > State Laws Governing Confidentiality of HIV-Related Information. Washington, > D.C.: Intergovernmental Health Policy Project. > > Intergovernmental Health Policy Project AIDS Policy Center. 1991. A > Summary of HIV/AIDS Laws From the 1990 State Legislative Sessions. > Washington, D.C.: Intergovernmental Health Policy Project. > > National Association of Counties Task Force on HIV Infection and AIDS. > 1989. County Government and HIV Infection. Washington, D.C.: National > Association of Counties. > > Panem, S. 1988. The AIDS Bureaucracy. Cambridge, Mass.: Harvard > University Press. > > Parmet, W. 1990. Discrimination and disability: The challenges of > the ADA. Law, Medicine & Health Care 18:331_344. > > Rowe, M., and C. Ryan. 1989. A Governor's Policy Guide on AIDS. > Washington, D.C.: National Governor's Association. > > Stoddard, T.B., and W. Rieman. 1990. AIDS and the rights of the > individual: Toward a more sophisticated understanding of discrimination. > Milbank Quarterly 68:143_174. > > United States Conference of Mayors. 1991. The Impact of AIDS on > America's Cities. Washington, D.C.: United States Conference of Mayors. > > Government Responsiblities > > Side bar pull out information: > > From my travels and involvement with the National Association of People > with AIDS, it has become painfully obvious that most of the country, if not > the entire nation, does not have coordinated, collaborative, and consistent > social and health care services. The tens of thousands of those of us who > are infected with the human immunodeficiency virus are crying out for local, > state, and national leadership. The majority of the time we feel that no one > is listening, that we have been abandoned by our government and our society. > > The HIV epidemic is much too large for national, state, and local > organizations and governments to address separately or without some vehicle > for coordination and direction. Our attempts during the last eight years > have been incomplete, results spotty, and victories few and far between. > Innovative solutions are required if our institutions are not to be brought > any closer to the brink of disaster or chaos. > > James Smith > January 1990 > > Timidity at the top creates tremendous burdens for the troops at the > bottom. > > Tim Wolfred > January 1990 > > Nearly one thousand bills related to AIDS were proposed in state > legislatures in the first decade of the epidemic. It is the most litigated > disease in American history. > > I urge you as a Commission to insist that the President and Congress > break the silence of denial and speak out candidly about ways to curb the > spread of the HIV virus and why those who are infected deserve our love and > compassion. > > Brian Coyle > January 1990 > > Too often we are denied services or cannot find services that > adequately address the real needs in our lives because of gender issues, > economic issues, politics, racism, sexism, and because we do not yet have a > single strong voice of advocacy. We are so preoccupied with meeting the > needs of others that there is never enough attention focused on our own > needs. Many of us are poor and must improvise and compromise ourselves or > simply do without much needed support, basic services, love and attention, > and all of the simple things in life which help people develop whole and > wholesome attitudes about themselves. > > Janice Jireau > June 1991 > > Most of the key transactions that affect the health of people take > place in households, in neighborhoods, in communities. So finally, those of > us at the federal level are two steps removed, and even state health > officials are one step removed from where things really happen at the > community level. I believe that the most important thing I can do as a > federal official is to work to strengthen local public health agencies across > the country. > > William Roper, M.D., M.P.H. > September 1990 > > What I'd like to do is try to bring to you the perspective of the local > health officer and the local health department as we have responded to the > HIV epidemic. It is not an easy task because the response has been very > diverse locally. It has been diverse due to different resources, due to > different attitudes in the communities, and certainly due to different > traditions in the communities and different support among the political > leadership of the local communities. > > William Myers, M.S. > September 1990 > > Conclusion > > Over the past two years the National Commission on AIDS has called for > federal leadership in the HIV epidemic and for the creation of partnerships > at all levels of government and in the private sector. We have also > emphasized the need to develop and assure access to a system of health care > for all people with HIV disease. The fundamental right of all people with > HIV disease to be protected against discrimination has guided all of our > work. We have conducted numerous hearings and site visits, heard from nearly > one thousand people across the country, and have issued a series of interim > reports designed to focus on topics that we thought were particularly > important and urgent to bring to the attention of the President and > Congress. This report is intended to underscore the importance of all of > these efforts, as well as linking HIV prevention, care, treatment, and > research, and improving the coordination of all of the mechanisms designed to > pay for these programs. > > In the coming year, the National Commission on AIDS will continue to > bring urgent matters to the attention of the President and the Congress; to > monitor the adoption and implementation of the recommendations contained in > this report; to seek to build a broad public understanding on the magnitude, > scope, and urgency of the HIV epidemic; to provide and inspire leadership at > all levels of both public and private sectors; and to advocate for effective, > cooperative, and nondiscriminatory systems and resources required for the > prevention, comprehensive care and treatment, and research necessary to halt > the epidemic. There is still much to do. The National Commission on AIDS > calls on all of our nation's leaders to enter into partnership with us to > work with the individuals and communities throughout the United States who > have for too long felt forgotten or abandoned by their government. > > CUMULATIVE RECOMMENDATIONS > > PREVENTION AND EDUCATION > > 1. The federal government should establish a comprehensive national > HIV prevention initiative. > > This initiative should be authorized by Congress and developed by > the Department of Health and Human Services. It should provide flexible > resources to state and local government and other public or private nonprofit > entities for communitywide HIV prevention efforts. It must also include > input from individuals who have expertise through experience, education, or > training. The prevention initiative is an essential component of a national > HIV plan. > > 2. Greater priority and funding should be given to behavioral, social > science, and health services research. > > Behavioral, social science, and health services research are > currently grossly underfunded. The Commission believes there must be a more > appropriate balance of funding between these areas of study and biomedical > research. > > 3. Congress should remove the government restrictions that have been > imposed on the use of funds for certain kinds of HIV education, services, and > research. > > Government restrictions on certain HIV programs and on behavior- > oriented research studies impede the fight against HIV disease. HIV > prevention programs and research into sexual and drug using behaviors must be > conducted and evaluated. Results from these and other health promotion and > disease prevention efforts must be shared and rapidly incorporated into HIV > prevention and education strategies. > > 4. The U.S. Public Health Service should expand and promote > comprehensive programs for technical assistance and capacity building for > effective long-term prevention efforts. > > 5. Federal, state, and local governments should join forces with the > private sector in providing long-term support to community-based > organizations. > > Community-based efforts are now and will continue to be an integral > part of any HIV prevention strategy. The role of people with HIV disease > must be recognized, encouraged, and supported. In designing services, > community-based organizations and their programs must be accountable, yet > they must be afforded sufficient flexibility to implement programs that will > best serve communities in need. > > 6. Policies should be developed now to address future plans for the > distribution of AIDS vaccines and the ethical and liability issues that will > arise when vaccines become available. > > 7. The federal government should expand drug abuse treatment so that > all who apply for treatment can be accepted into treatment programs. The > federal government should also continually work to improve the quality and > effectiveness of drug abuse treatment. > > 8. Legal barriers to the purchase and possession of injection > equipment should be removed. > > Legal barriers do not reduce illicit drug injection. They do, > however, limit the availability of new, clean injection equipment, thereby > encouraging the sharing of injection equipment, and the increase in HIV > transmission. > > Caring for people with hiv disease > > 1. Government should assure access to a system of health care for all > people with HIV disease. > > At a minimum, a system of care for all people with HIV disease > should include a package of continuous and comprehensive medical and social > services designed to enhance quality of life and minimize hospital-based > care. States, counties, and municipalities should assure that such services > are available for individuals with HIV disease. Case management programs > should be available to coordinate such care. These services must include: > > y IV antibody testing that is voluntary and must be accompanied by > counseling_both anonymous and confidential testing contribute in > different ways and both options should be available; > > y education and counseling to help foster and maintain behavioral > changes to reduce transmission of the virus; > > y medical care, including drug therapy and frequent diagnostic > monitoring, ongoing primary care, coordination of inpatient and > outpatient care, access to investigational new therapies, and > adequate options for long-term care; > > y psychological care, including mental health counseling and > spiritual support, that is helpful in coping with a frightening > and sometimes overwhelming condition; > > y drug treatment to help individuals stop using or injecting drugs > or adopt safer drug use practices; and > > y social services, including a range of housing options and income > maintenance, without which medical advances may be beyond the > grasp of those who could most benefit from them. > > 2. HIV-related services should be expanded to facilities where > underserved populations receive health care and human services, in part to > ensure their increased participation in trials of investigational new > therapies. > > 3. HIV education and training programs for health care providers should > be improved and expanded, and better methods should be developed to > disseminate state-of-the-art clinical information about HIV disease, as well > as drug and alcohol use, to the full range of health care providers. > > The Commission believes all health care providers have an ethical > responsibility to care for people with HIV disease. In order to equip > providers to better counsel and care for people with HIV disease, government > at all levels and local agencies and institutions must develop more effective > education programs and methods for getting the information to all providers, > particularly primary care providers. > > Programs to train health care providers to recognize and manage drug > and alcohol use must be expanded, and programs that integrate treatment of > drug use with primary care must be created and supported. The Commission > believes more federal funds are needed for these efforts. > > 4. Federal, state, and local entities should provide support for > training, technical assistance, supervisory staff, and program coordination > to acknowledge and support the family members, friends, and volunteers who > are an integral part of the care system of a person with HIV disease. > > HEALTH CARE FINANCING > > 1. Universal health care coverage should be provided for all persons > living in the United States to ensure access to quality health care services. > > > The Commission believes universal health care coverage is a > necessary step to ensuring access to quality health care. This coverage > should be comprehensive and should include prescription drugs. In the > interim, the Commission recommends a series of immediate short-term steps to > address the urgent problem of inadequate coverage for people with HIV > disease. > > 2. Medicaid should cover all low-income people with HIV disease. > > The Commission recommends eliminating the disability requirement and > raising the income level for Medicaid eligibility for people with HIV > disease. By eliminating the disability requirement, low-income people with > HIV infection who have not had a clinical diagnosis of AIDS could be covered > by Medicaid and receive the early intervention treatments and services they > need. Increasing the income eligibility requirement would prevent many > people with HIV infection from having to impoverish themselves in order to > qualify for basic health care services. At the same time it would relieve > some of the reliance on public hospitals by the uninsured. > > The Commission strongly believes these changes should be mandated; > however, at the very least, states should be given the option of making these > changes. In addition, the Commission believes these changes can and should > lead to further changes that will include people with serious chronic > conditions other than HIV disease. > > 3. Medicaid payment rates for providers should be increased > sufficiently to ensure adequate participation in the Medicaid program. > > Unrealistically low reimbursement rates under the Medicaid program > serve as a serious disincentive for health care providers to care for people > who rely on Medicaid. Medicaid rates should be raised to Medicare levels. > > > 4. Congress and the Administration should work together to adequately > raise the Medicaid cap on funds directed to the Commonwealth of Puerto Rico > to ensure equal access to care and treatment. > > Because of the existing cap on Medicaid funds allocated to the > Commonwealth of Puerto Rico, none of the Medicaid recommendations the > Commission has put forward to expand benefits for people with HIV disease > would include individuals living in this part of the United States. > > 5. States and/or the federal government should pay the COBRA premiums > for low-income people with HIV disease who have left their jobs and cannot > afford to pay the health insurance premium. > > 6. Social Security Disability Insurance (SSDI) beneficiaries who are > disabled and have HIV disease or another serious chronic health condition > should have the option of purchasing Medicare during the current two-year > waiting period. > > Medicaid should be required to purchase Medicare coverage for > low-income SSDI beneficiaries. > > 7. The federal government should fund the Ryan White CARE Act at the > fully authorized level. > > 8. The following interim steps to improve access to expensive > HIV-related drugs should be taken: > > (a) adequately reimburse for the purchase of drugs required in > the prevention and treatment of HIV disease, including clotting factor > for hemophilia; > > (b) undertake, through the Department of Health and Human > Services, a consolidated purchase and distribution of drugs used in the > prevention and treatment of HIV disease; > > (c) amend the Orphan Drug Act to set a maximum sales cap for > covered drugs. > > Clinical Trials and Treatment-related Research > > 1. Current efforts at the National Institutes of Health (NIH) to > expand the recruitment of underrepresented populations in the AIDS Clinical > Trials Group should be continued and increased. > > While the Commission recognizes that lack of access to health care > seriously hampers efforts to recruit underrepresented people into clinical > trials, this does not mean it is impossible to do so. NIH has begun to > increase participation and should aggressively pursue the participation of > women and people of color in their clinical trials. > > 2. The Secretary of Health and Human Services should direct the > National Institutes of Health, the Health Care Financing Administration, and > the Health Resources and Services Administration to work together to develop > a series of recommendations to address the obstacles that keep many people > from participating in HIV-related clinical trials, as well as the variables > that force some people to seek participation in trials because they have no > other health care options. > > 3. The Food and Drug Administration should aggressively pursue all > options for permitting the early use of promising new therapies for > conditions for which there is no standard therapy or for patients who have > failed or are intolerant of standard therapy. > > 4. The National Institutes of Health should develop a formal mechanism > for disseminating state-of-the-art treatment information in an expeditious > and far-reaching manner. > > While the Commission is aware of the efforts at NIH to disseminate > information about state-of-the-art HIV treatment, the Commission is also > aware that many health care providers are still not getting the information > they need to responsibly care for their patients with HIV disease. The > Commission believes NIH needs to develop a more formalized mechanism for > disseminating information in a timely and ongoing fashion and should work > with the federally funded AIDS Education and Training Centers, as well as > professional medical societies, to reach as many people as possible. > > 5. The Department of Health and Human Services should conduct a study > to determine the policies of third-party payers regarding the payments of > certain health service costs that are provided as part of an individual's > participation in clinical trials conducted in the development of HIV-related > drugs. > > GOVERNMENT RESPONSIBILITIES > > 1. A comprehensive national HIV plan should be developed with the full > participation of involved federal agencies and with input from national > organizations representing various levels of government to identify > priorities and resources necessary for preventing and treating HIV disease. > > > To develop the comprehensive national HIV plan, the Commission > calls upon the President of the United States to designate an individual or > lead agency with the authority and responsibility for instituting a > cabinet-level process to articulate the federal component of an HIV plan, > develop a mechanism for interagency as well as state and local participation > and coordination, and establish a timeline for completion of key tasks. > > 2. All levels of government should develop comprehensive HIV plans > that establish priorities, ensure consistent and comprehensive policies, and > allocate resources. > > These plans should build on the national HIV plan and be developed > at the state level with clear direction and support from each governor and at > the appropriate local level (city or county) with clear direction and support > from the appropriate locally elected official body. Each level of government > should have an HIV Advisory Committee that is composed of representatives of > diverse community-based organizations; the private sector; religious > organizations; public safety officials; people living with AIDS; housing, > health, and social service agencies; and other appropriate representatives. > > The Commission recognizes that most states and many local > governments may have an HIV plan. However, these existing plans should be > carefully reviewed to ensure that they are up to date and comprehensive, and > that they coordinate the entire spectrum of prevention and treatment > services. > > 3. Implementation of the Americans with Disabilities Act should be > carefully monitored, and states and localities should evaluate the adequacy > of existing state and local antidiscrimination laws and ordinances for people > with disabilities, including people living with HIV disease. > > 4. Elected officials at all levels of government have the > responsibility to be leaders in this time of health care crisis and should > exercise leadership in the HIV epidemic based on sound science and informed > public health practices. > > The Commission recognizes that many issues raised by the HIV > epidemic place pressures on elected officials to pass laws intended to > respond to constituent fears and concerns. The Commission, however, is very > concerned that policies may be enacted into law that are better left to > scientists and public health experts. Legislative focus should be on full > funding of HIV-related research, prevention, and treatment programs and on > protecting those with HIV disease from discrimination. > > 5. The federal government should develop an evaluation and technical > assistance component for all federally funded HIV-related programs. > > Understanding what works and why is essential to the development of > effective prevention and care services for people living with HIV disease. > It is essential that all HIV-related prevention and treatment efforts be > evaluated and that the information be integrated into all planning, > prevention, and health care delivery programs. > > APPENDICES > > Appendix A > > Commission Chronology 1989_1991 > > 1989 > > August 3 > Meeting to select Chairman and discuss future direction of Commission. > Washington, D.C. > > August 17 > Meeting to select Executive Director. Washington, D.C. > > September 6 > Statement in support of passage of the Americans with Disabilities Act. > > September 18_19 > Hearings to gain an overview of the HIV epidemic. Washington, D.C. > > September 19 > Statement in support of increase in AIDS funding in the FY'90 > Appropriations Bill. > > September 26 > Statement in support of the goal of treatment on demand for drug users. > > November 2_3 > Hearings on health care, treatment, finance, and international aspects > of the HIV epidemic. Washington, D.C. > > November 7 > Statement in support of continued funding of research on the > effectiveness of bleach distribution. > > December 5 > First interim report to President Bush and the Congress: "Failure of > U.S. Health Care System to Deal with HIV Epidemic." > > December 12 > Press conference in which a Commission resolution calls for an end to > dis-criminatory visa and immigration practices and a review of > immigration policies regarding communicable diseases, particularly HIV > infection. Washington, D.C. > > 1990 > > January 4_5 > Hearing of the Working Group on Federal, State, and Local > Responsibilities. Purpose was to examine the roles and > responsibilities of different levels of government in responding to the > AIDS/HIV epidemic. St. Paul, Minnesota. > > January 24_26 > Hearing and site visits to assess regional aspects of the HIV epidemic > in Southern California. Visits were made to Los Angeles Area > community-based organizations, clinics, a hospice, and a public > hospital. Los Angeles, California. > > February 15_16 > Hearing of the Working Group on Social and Human Issues. Purpose was > to examine the relationship of early intervention, HIV testing, and > psychosocial issues to HIV. Boston, Massachusetts. > > February 26_27 > Site visits to study issues of HIV and AIDS among the homeless, drug > users, and hemophiliacs. New York City, Newark, and Jersey City. > > March 6 > Testimony of Chairman June E. Osborn, M.D., on meeting the health care > needs of people living with HIV and AIDS before the Task Force on Human > Resources of the Committee of the Budget of the United States House of > Representatives. > > March 6 > Statement endorsing principles and objectives of the Ryan White > Comprehensive AIDS Resources Emergency (CARE) Act of 1990. > > March 9 > Letter to President Bush urging him to resolve visa controversy before > international conferences to be held in the United States in June and > August of 1990. > > March 15 > Statement that despite debate among epidemiologists, HIV epidemic will > have a greater impact in the 1990s than in the 1980s. > > March 15 > Summary Report of the Working Group on Federal, State, and Local > Responsibilities, including recommendations from January meeting in St. > Paul, Minnesota, on the roles and responsibilites of different levels > of government. > > March 15_16 > Hearings to review executive and legislative branch initiatives, > including the National Drug Control Strategy and the Report of the U.S. > Bipartisan Commission on Comprehensive Health Care. Washington, D.C. > > > April 16_17 > Site visits to examine issues surrounding AIDS in rural communities. > Waycross, Albany, and Macon, Georgia. > > April 24 > Second interim report to President Bush and the Congress: "Leadership, > Legislation, and Regulation." > > May 7 > Letters to Senate Majority Leader Mitchell and Senate Minority Leader > Dole urging Senate consideration of the Ryan White CARE Act of 1990. > > > May 7_8 > Hearings to review current research activities, particularly clinical > trials. Washington, D.C. > > May 11 > Statement endorsing principles and objectives of AIDS Prevention Act > (H.R. 4470) and Medicaid AIDS and HIV Amendments Act of 1990 (H.R. > 4080). > > May 24 > Letters to Senators Kennedy and Hatch underscoring support for the > Americans with Disabilities Act and declaring the amendment concerning > food handlers bad public health policy. > > June 6 > Letters to Speaker of the House Foley and House Minority Leader Michel > urging Congress to resist attempts to impose a federal mandate on > states for name reporting. > > June 27 > Testimony of Commissioner Donald S. Goldman before the Subcommittee on > Health and the Environment of the Committee on Energy and Commerce of > the United States House of Representatives regarding immigration and > visa policies and the Rowland Bill (H.R. 4506). > > July 9_10 > Hearing by the Working Group on Social and Human Issues to examine > early intervention and HIV testing from the public health perspective, > as well as the range of social and human services needed by people > affected by the HIV/AIDS epidemic. Dallas, Texas. > > July 17_19 > Hearings to review current health care personnel and work force issues. > Washington, D.C. > > July 30_31 > Working Group on Social and Human Issues hearing and site visits to > examine the range of services needed by people affected by the HIV/AIDS > epidemic, the partnerships and coalitions necessary to provide these > services, and the social and human services programs established in the > Seattle-King County Region. Seattle, Washington. > > August 16_17 > Hearings and site visits to examine HIV infection and AIDS in > correctional facilities. New York State. > > August 21 > Third interim report to President Bush and the Congress: "Research, > the Work Force, and the HIV Epidemic in Rural America." > > August > First Annual Report to the President and the Congress documenting and > describing the work of the Commission over the past year. > > September 17_18 > Hearings on public health and the HIV epidemic. Washington, D.C. > > September 18 > Letter to President Bush and Members of Congress calling for full > funding of the Ryan White CARE Act. > > November 27_28 > Hearings and site visits to assess the impact of the HIV epidemic in > the Commonwealth of Puerto Rico. San Juan, Puerto Rico. > > December 17_18 > Hearings on HIV disease in African-American communities. Baltimore, > Maryland. > > 1991 > > January 16_17 > Hearings on HIV disease and substance use. Washington, D.C. > > February 6_7 > Site visits to examine regional response to the HIV epidemic. Belle > Glade and Miami, Florida. > > February 15 > Letter to Charles McCance, Director of Quarantine, Centers for Disease > Control, regarding the immigration issue. > > February 25_28 > Site visits to study HIV disease in Native American communities. > Oklahoma, Minnesota, South Dakota, Arizona, and New Mexico. > > March 6 > Statement endorsing the principles and objectives of the Ryan White > CARE Act. > > March 11_13 > Hearings and site visits to assess pediatric and adolescent HIV disease > and AIDS/HIV in Hispanic communities. Chicago, Illinois. > > March 15 > Fourth interim report to President Bush and the Congress: "HIV Disease > in Correctional Facilities." > > March 21 > Testimony of Chairman June E. Osborn, M.D., before the Senate > Appropriations Committee. > > April > Report of the Working Group on Social and Human Issues. > > April 22_23 > Hearings and meeting on financing, the federal structure, and > consultants' reports for the Second Annual Commission Report. > Washington, D.C. > > April 30 > Testimony of Chairman June E. Osborn, M.D., before the House > Appropriations Committee. > > May 16_17 > Hearings on the HIV epidemic in the lesbian, gay, and bisexual > communities and on HIV disease among Asians, Asian-Americans, and > Pacific Islanders. San Francisco, California. > > June 5 > Letter to Members of Congress regarding funding of the Ryan White CARE > Act. > > June 5_7 > Hearings and meeting on women and HIV disease, civil rights and HIV > disease, and the Second Annual Commission Report. Denver, Colorado. > > > June 10_11 > Meeting to discuss the Second Annual Commission Report. Alexandria, > Virginia. > > June 13 > Letter to Attorney General Richard Thornburgh with accompanying letter > to Secretary Louis Sullivan regarding current immigration policy. > > July 11 > Statement of the Commission's stand on HIV testing in the health care > workplace. > > July 11 > Statement of the Commission's stand on immigration. > > July 24 > Letter to congressional leadership regarding support for funding of > behaviorial and social research. > > August 6 > Fifth interim report to President Bush and the Congress: "The Twin > Epidemics of Substance Use and HIV." > > September 25 > Second annual report to the President and the Congress: "America > Living With AIDS." > > Appendix B > > Recommendations from Previous Reports > > Report Number One: > > Failure of U.S. Health Care System to Deal with HIV Epidemic December > 1989 > > What is Needed? > > FIRST, frank recognition that a crisis situation exists in many cities > that will require extraordinary measures to overcome. Significant changes > must be made not only in our health care system but in how we think about the > system and the people it is designed to serve. As one witness told the > Commission, it can no longer be "business as usual." > > SECOND, the creation of a flexible, patient-oriented, comprehensive > system of care, closely linking hospital, ambulatory, residential, and home > care. Primary care physicians must be central to such a system. But if > primary care doctors are to care for patients with HIV infection and AIDS, > they need the financial, social and institutional support to assist them in > managing complicated patients. > > THIRD, consideration of the creation of regional centers of networks of > care, perhaps using the already existing regionalized hemophilia treatment > program as a model. These centers would not serve as a replacement for the > care provided by primary care physicians but would provide backup and > consultation to help strengthen community based primary care. > > It is essential that everyone be afforded early intervention and access > to care. In addition, the availability of backup and consultation from > appropriate specialists is required to provide the assistance and > encouragement primary care doctors need to see more people with HIV infection > and AIDS. Regional centers should also provide the appropriate link with the > hospital when hospital services are needed. > > FOURTH, create units which can treat patients who have both HIV > infection and drug addiction. The availability of drug treatment on request > is essential for responding to the combined HIV and drug epidemic that > imperils not only drug users but also their sexual partners and children. > Given the massive link between drug use and HIV infection, and the fact that > there is an alarming increase in the number of new infections among > intravenous drug users, the Commission wishes to go on record in expressing > its surprise and disappointment that the White House National Drug Control > Strategy mentions AIDS only four times in its ninety pages of text and not at > all in its recommendations or discussions of how to allocate resources. The > President's drug strategy simply must acknowledge and include HIV infection > and AIDS. > > FIFTH, provide comprehensive health care services under one roof. > Fragmented services create additional barriers to needed health care. Often > mothers will seek health care services needed for their babies but are not > able to then gain access to care for themselves. Health care services for > women and children need to be provided in one place. For the homeless, > housing and health care need to go hand-in-hand. This is true not only for > those who are homeless today but for those who will become homeless tomorrow > because of the HIV epidemic. > > Report Number Two: > > Leadership, Legislation and Regulation > > April 1990 > > 1. The National Commission on AIDS will continue to recommend policy > goals for a national plan. However, the Commission believes it is essential > that a federal interagency mechanism be in place to coordinate a national > plan. In this way, those who are ultimately responsible for the > implementation will have an active role in its development. > > 2. Federal disaster relief or direct emergency relief is urgently > needed to help states and localities most seriously impacted to provide the > HIV prevention, treatment, care and support services now in short supply. > The Commission strongly supports the efforts in Congress, now embodied in > S.2240, to address this need. The resources simply must be provided now or > we will pay dearly later. > > 3. Housing is an absolutely vital component of any comprehensive > effort to address the multiple problems posed by HIV infection and AIDS. > While the Commission recognizes that coordination between the state and local > government, with input from community based organizations, is essential to > effectively respond to the homeless crisis, we also believe the federal > government must take the lead in providing the dollars needed to respond to > this overwhelming, indeed catastrophic, problem. > > 4. Government restrictions imposed on the use of education and > prevention funds are seriously impeding HIV control. They are clearly > serving to prolong the HIV epidemic and should be removed. > > 5. Because the Americans with Disabilities Act (ADA) guarantees > protection against discrimination for people with HIV infections and AIDS, > the National Commission on AIDS strongly urges the U.S. House of > Representatives to pass the ADA in a swift and timely manner. State and > local governments should pass laws forbidding discrimination in areas not > covered by the ADA or other federal statutes. > > Report Number Three: Research, the Workforce and the HIV Epidemic in > Rural America August 1990 > > 1. A comprehensive community-based primary health care system, > supported by adequate funding and reimbursement rates, is essential for the > care and treatment of all people, including people living with HIV infection > and AIDS. The Commission highlighted this need in its first report and > continues to believe that lack of access to primary care services provided by > adequately trained primary care providers is undermining current efforts in > HIV/AIDS research, prevention and treatment. The development of a > comprehensive system with linkages to research protocols, existing > community-based services, hospitals, drug treatment programs, local health > departments, and long-term care facilities, based on a foundation of adequate > support, is long overdue and should be a top priority for the federal > government. > > 2. AIDS education and outreach services in rural communities should be > expanded and designed to provide clear and direct messages about how HIV is > and is not transmitted, and the kinds of behaviors that may place an > individual at risk for HIV and other sexually transmitted diseases. > Expansion of programs, resources and health care providers is also needed to > respond to rural America's need for prevention and treatment programs that > address the three epidemics of HIV infection, drug addiction and sexually > transmitted diseases. > > 3. The NIH clinical trials program is in serious trouble. The limited > number of enrollees in trials and the lack of demographic and geographic > diversity of the participants threatens the success of the program and denies > many people living with HIV infection and AIDS the opportunity to participate > in experimental drug therapies. The academic health centers involved have > not been as vigorous as one would hope in advancing these trials, nor has the > NIH been vigorous in monitoring their performance. Aggressive efforts must > be made to overcome the obstacles to participation of many who are > under-represented. Success in this area can only be measured by increased > participation in trials. > > 4. There is a desperate need for more research on the management of > opportunistic infections, usually the cause of death for people with AIDS. > The NIH simply must expand the level of research in this area. This > expansion must not come at the expense of other research efforts and should > be an integral part of a comprehensive AIDS research plan. This plan should > outline the AIDS research priorities and goals for the entire NIH, and the > resources needed to achieve them. The plan should be widely disseminated and > should incorporate the views of persons living with HIV infection and AIDS. > > 5. There is a shortage of crisis proportions of health care providers > capable and willing to care for people living with HIV infection and AIDS. > This crisis will only get worse as the HIV epidemic continues into the > 1990's. Action must be taken now to increase and improve the effectiveness > of all programs designed to educate and retain practicing health care > professionals, and to create incentives for providers to care for people in > underserved areas. Existing programs such as the National Health Service > Corps should be expanded. New programs such as those outlined in the > Disadvantaged Minority Health Improvement Act (H.R. 3240) should be created. > And, specific HIV/AIDS fellowships and training programs should be > established and supported to prevent a crisis of greater magnitude. > > 6. Volunteers should be publicly recognized not only for the > invaluable contribution they have made to people living with HIV infection > and AIDS, but also for the way in which they fight fear and bigotry by > fostering compassion and caring. The cost effective dollars needed to > recruit, train, support and manage volunteers must be provided by the > government and the private sector, and recognized as essential to our > national response to the HIV epidemic. > > Report Number Four: > > HIV Disease in Correctional Facilities > > March 1991 > > 1. The U.S. Public Health Service should develop guidelines for the > prevention and treatment of HIV disease in all federal, state and local > correctional facilities. Immediate steps should be taken to control the > subsidiary epidemics of tuberculosis and sexually transmitted diseases. > Particular attention should be given to the specific needs of women and youth > within all policies. > > 2. Given the dearth of anecdotal and research information on > incarcerated women, incarcerated youth and children born in custody, federal > and state correctional officials should immediately assess and address > conditions of confinement, adequacy of health care delivery systems, HIV > education programs, and the availability of HIV testing and counseling, for > these populations. > > 3. To combat the overwhelming effects which drug addiction, > overcrowding and HIV disease are having on the already severely inadequate > health care services of correctional systems nationwide, a program such as > the National Health Service Corps should be created to attract health care > providers to work in correctional systems. > > 4. The Department of Health and Human Services should issue a > statement clarifying the federal policies on prisoners' access to clinical > trials and investigational new drugs. In addition, the Food and Drug > Administration, in conjunction with the Health Resources and Services > Administration and the National Institutes of Health, should initiate an > educational program directed toward informing inmates and health care > professionals working in correctional facilities of the availability of > investigational new drugs, expanded access programs, and applicable criteria > for eligibility of prisoners in prophylactic and therapeutic research > protocols. > > 5. Meaningful drug treatment must be made available on demand inside > and outside correctional facilities. Access to family social services and > nondirective reproductive counseling should also be made available with > special emphasis on the populations of incarcerated women, youth and children > born in custody. > > 6. Prison officials should ensure that both inmates and correctional > staff have access to comprehensive HIV education and prevention programs. > Particular attention should be paid to staff training on confidentiality and > educating inmates about the resources available in the prison setting that > may be employed to reduce the risk of infection. > > 7. The burden of determining and assuring standards of care has > largely fallen to the courts, due, in part, to the failure of the public > health authorities to take a leadership role in assuring appropriate > standards of health care and disease prevention for our incarcerated > populations. Bar associations and entities such as the Federal Judicial > Center must, therefore, establish programs to educate judges, judicial > clerks, and court officers about HIV disease. > > Report Number Five: > > The Twin Epidemics of Substance Use and HIV > > July 1991 > > 1. Expand drug abuse treatment so that all who apply for treatment can > be accepted into treatment programs. Continually work to improve the quality > and effectiveness of drug abuse treatment. > > 2. Remove legal barriers to the purchase and possession of injection > equipment. Such legal barriers do not reduce illicit drug injection. They > do, however, limit the availability of new/clean injection equipment and > therefore encourage the sharing of injection equipment, and the increase in > HIV transmission. > > 3. The federal government must take the lead in developing and > maintaining programs to prevent HIV transmission related to licit and illicit > drug use. > > 4. Research and epidemiologic studies on the relationships between > licit and illicit drug use and HIV transmission should be greatly expanded > and funding should be increased, not reduced or merely held constant. > > 5. All levels of government and the private sector need to > mount a serious and sustained attack on the social problems that promote > licit and illicit drug use in American society. > > Report of The Working Group on Social/Human Issues > > April 1991 > > Early Intervention and a Continuum of Care > > Increased efforts must be made to reach those who have historically > been denied access to health care. These efforts must include the > development and enhancement of health care and social service providers > within and by minority communities. > > Meaningful early intervention is more than the provision of AZT or > other drugs to those with HIV disease before they develop symptoms. Early > intervention also entails psychological support, education and counseling, > substance use treatment and social services. People living with HIV disease > should be provided a continuum of care so that at every stage of illness they > are cared for in the least restrictive setting possible, preserving the > greatest degree of independence. A responsive continuum of care will depend > upon complex and intricate relationships among public health agencies, > community-based and voluntary organizations, hospitals, nursing homes, and > hospices. > > Comprehensive models of medical and psychosocial care for asymptomatic > and mildly symptomatic individuals must be developed to ensure prevention and > appropriate treatment. Stronger links are needed among the HIV testing > enterprise, the public health system, health care delivery systems, and > social services. In particular, case management programs should be > supported, and evaluated on an on-going basis. > > Spiritual counseling can be a critical component of care. Spiritual > counseling should be encouraged, not only in the hospital setting, but also > in the outpatient and home care environment. Professional pastoral training > programs, whether based in hospitals or graduate schools, should include > curricula designed to prepare trainees to care for people living with HIV > disease. > > Housing tailored to a range of medical and social needs is a critical > part of the continuum of care for persons living with HIV disease. Congress > should fund fully the AIDS Housing Opportunity Act of 1990. There is a need > for a consistent commitment to provision and expansion of drug treatment. > Attention must be given to the development of care relevant to HIV disease. > High quality HIV education needs to be an integral part of all drug treatment > programs. States should consider making this an explicit requirement of > licensure for drug treatment programs. > > Delivering, Coordinating and Paying for Services > > Planning is key to developing a coordinated and effective response to > HIV disease and people living with HIV disease must be included in planning > activities. The planning process should be vigorously directed by the > governmental agencies responsible for planning the communities' HIV response. > Such planning should include the private sector and members of affected > communities. The receipt of government funding should be conditional upon > the establishment of relationships between service providers and affected > communities. > > Leadership is essential. Leadership entails developing a vision of the > response needed to meet the challenge of the HIV epidemic in a community, > developing a plan to realize it, and accepting responsibility for its > fulfillment. > > Continued and increased government and private support of voluntary and > community-based organizations is critical. Fledgling organizations > established more recently to meet the needs of minority communities may > require special technical assistance and financial support. Where the > appropriate governmental entity is unable or unwilling to assume > responsibility for planning and coordination, voluntary and community-based > organizations should coordinate local efforts to avoid needless duplication > and support the creation of mechanisms to provide national volunteer > leadership, technical assistance, and resource sharing. Volunteer efforts > are too important to be fragmentary and competitive. Cooperation and > accountability is necessary in coordinating the resources of a panoply of > service providers and interest groups. Government leaders, elected and > appointed, must vigorously support the coordination effort. > > The HIV disease caseload will continue to skyrocket, even if HIV > disease loses its salience as a matter of public attention. Because of the > disproportionate impact of HIV and its enormous impact on already suffering > communities, the federal government has the ultimate responsibility of > assuring that a continuum of medical, psychological, and social services are > available to people living with HIV disease. > > Testing and Counseling > > It is inappropriate to create HIV antibody testing programs to identify > asymptomatic individuals for therapeutic interventions unless they include > plans to deliver and pay for appropriate follow-up services for a substantial > majority of those screened. > > Presently available or foreseeable therapeutic benefits cannot justify > mandatory testing programs. The prospect of therapeutic benefits is not a > sufficient reason for abandoning long-standing principles of informed > consent. > > Long-standing principles of confidentiality of medical information > should not be abandoned, especially in light of the history of discrimination > against persons with HIV disease. HIV antibody testing must be accompanied by > pre- and post-test counseling. People with both positive and negative > results should receive counseling. For those engaging in high-risk > behaviors, whether infected or not, counseling must be viewed as a sustained > process. More comprehensive standards are necessary to ensure consistently > high quality counseling in a wide range of settings. More trained counselors > are needed. > > Despite the potential therapeutic benefit of HIV antibody testing, > there exists an array of educational and counseling interventions that can > proceed independent of testing. Much more needs to be done about education > and prevention for women and people of color. > > Those who design and implement education and prevention programs must > have the freedom to use explicit communication acceptable to the particular > culture or group being addressed. Sound principles of health education > demand that messages which encourage behavior change be in language people > understand and consistent with values that they accept. Legal protections > against discrimination and unwarranted disclosures of HIV status are even > more critical as more at risk individuals are encouraged to undergo HIV > antibody testing for early intervention. Mechanisms for the enforcement of > the Americans with Disabilities Act and other anti-discrimination provisions > must be put into place. In particular, state and local laws against > discrimination must be rigorously enforced. Where such laws do not exist, or > where they are weak, they need to be established and strengthened. > > Working Group on Federal, State and Local Responsibilities > > January 1990 > > 1. Efforts in the public sector at all levels of government should be > guided by broad policy goals. The Working Group suggested that the policy > goals identified by the National Association of Counties Task Force on HIV > Infection and AIDS could serve as a model for all levels of government. > These goals are: > > 1. to end the HIV epidemic through prevention, education and > research; > > 2. to assure access to treatment, care and support services for all > persons with HIV infection; > > 3. to protect the civil rights of all citizens; and > > 4. to assure adequate funding for a continuum of HIV prevention, > treatment, care and support services and HIV research through effective > public sector-federal, state, and local government and private sector > leadership and partnership. > > 2. Federal, state and local governments should develop comprehensive > plans for implementing identified goals. These plans should be developed in > response to the policy recommendations of the National Commission on AIDS > with interagency government representation and private sector involvement, > including community-based organizations and persons with HIV disease. > > The Working Group strongly recommended that the federal government > should immediately develop a forceful comprehensive national HIV plan > addressing prevention, education, treatment, care, support services, civil > rights, research, and funding for these activities. The President should > designate the Secretary of Health and Human Services to chair a cabinet-level > Task Force to develop the national implementation plan. While the National > Commission on AIDS fully intends to recommend policy goals for a national > plan, the Commission believes it is essential that a Task Force be in place > to enhance government-wide implementation of such a plan. In this way, those > who are ultimately responsible for the implementation will have had an active > role in its development, thus enhancing the likelihood of implementation. > The Task Force should include each Department in the federal government and > should solicit input from state and local governments and the private sector, > including community-based organizations and persons with HIV disease. > > 3. The U.S. House of Representatives should, like the United States > Senate, pass the Americans with Disabilities Act and state and local > governments should pass laws forbidding discrimination in areas not covered > by the Americans with Disabilities Act or other federal statutes. > > 4. Immediate action is necessary at the federal level to assist states, > counties, and cities disproportionately impacted by the HIV epidemic. > > "Impact Aid"_disaster relief or direct emergency relief_is needed to > assist states and localities in developing a continuum of HIV prevention, > treatment, care, and support services. > > 5. The issues of Health Care Financing and Health Care and Social > Service Organization and Delivery require a level of expertise and commitment > of time that was not provided for in this working group session. The Working > Group believes these issues would be best addressed by the full Commission. > > 6. Incentives at the federal, state and local level need to be created > to recruit, retain and train human services personnel. The Working Group > recommends that the federal government should support a National Health > Service Corps approach to involving more primary care providers in the care > of persons with HIV. Medicaid reimbursement rates for outpatient care should > be augmented and all universities (public and private) should include HIV > education in health professional education and training. > > 7. Federal, state and local government should have in place policies to > encourage the development of housing programs that meet emergency, short-term > and long-term needs of persons with HIV. Congress should support legislation > to establish housing programs that provide short-term and long-term housing > with necessary support services. State legislation should encourage > flexibility in developing alternative housing and residential settings. > Localities need to address the "not-in-my-backyard" syndrome related to > shelters and residencies, and work closely with neighborhood groups. > > 8. Federal, state and local governments and community-based agencies > need to develop more effective partnerships in HIV prevention, education and > information. The Working Group believes that federal restrictions on the use > of education and prevention funds is counterproductive and prolongs the HIV > epidemic. Restrictive legislative language appears to hinder states and > localities and community-based agencies in providing the prevention message > in ways that would reduce individual risk and limit the spread of HIV > infection. Therefore, while states and localities should be accountable for > the federal funds they receive, the use of these dollars for education and > prevention programs should be flexible. Evaluation of these programs to > determine what approaches work best is essential and these programs should be > innovative, creative, and culturally respectful. Finally, since > community-based organizations are at the heart of HIV education efforts, > these agencies should be supported by all levels of government, including the > provision of support for education and training of agency staff and > organizational development assistance. > > 9. The Working Group identified substance abuse prevention and > treatment as a priority area but time did not permit specific recommendations > to be made. The Working Group recommends that the full Commission address > this issue. > > Appendix C > > Implementation of Presidential Commission Recommendations > > In its enabling legislation, the National Commission on AIDS was called > upon to "[m]onitor the implementation of the recommendations of the > Presidential Commission on the HIV Epidemic, modifying those recommendations > as the Commission considers appropriate."1 Monitoring the implementation of > those recommendations has been a useful task for the National Commission, > providing the National Commission with a number of insights into the federal > response to the epidemic. > > First, the recommendations were never used as the basis for a "national > strategy" as was originally intended by the Presidential Commission. As > Chairman Watkins expressed in his letter of transmittal to the President, "It > is our hope, Mr. President, that you will . . . use our report as your > national strategy. . . . "2 Our failure as a nation to adopt the > recommendations and to mobilize the necessary resources to respond to the > recommendations indicates a glaring need for a national plan to coordinate > the federal response to the HIV epidemic. > > Second, the process of monitoring the recommendations highlighted how > fragmented and decentralized the response to the epidemic has been on the > part of the federal government. While some federal agencies have > incorporated Presidential Commission recommendations into initiatives, these > actions have taken place separate from other agencies within their Department > and separate from other federal Departments. Third, there is a need for > evaluation of initiatives on the federal level. No clear evaluation tool was > developed to gather useful information to monitor the response to the > Presidential Commission recommendations. > > Historical Overview > > In 1987 President Reagan established the Presidential Commission on the > HIV Epidemic. After one year of hearings, the Presidential Commission > produced a comprehensive report, which included 597 recommendations, and > presented it to the President on June 27, 1988. The Institute of Medicine > Committee for the Oversight of AIDS Activities, in a 1988 update of its book > Confronting AIDS, stated that ". . . the commission has made major > contributions to the public's understanding of HIV infection and AIDS and to > the development of a compassionate and informed response to the epidemic. > Guided by Admiral James D. Watkins' strong leadership and open-minded > approach, the commission's focused attention has been effective in bringing > diverse public and private resources to bear on a national problem."3 > > Within the 597 recommendations, the Presidential Commission identified > a number of recommendations for immediate consideration by the federal > government. Among these were: (1) passage of federal, state, and local > antidiscrimination laws dealing with HIV as a disability in both the public > and private sectors, (2) substance use treatment on demand, (3) federal > protections for confidentiality, (4) health care worker recruitment and > retention initiatives, (5) HIV education and prevention targeted to distinct > populations as well as to the general public, (6) expansion of experimental > drug trials, (7) health care financing reform, (8) ensuring the safety of the > blood supply, and (9) support for international education and prevention > efforts. > > The Presidential Commission presented the recommendations to President > Reagan, who then submitted them to his staff for evaluation.4 In July of > 1988 four staff members from the Department of Health and Human Services > (HHS) were detailed to the White House to assist the Director of the Drug > Abuse Policy Office to prepare a response to the Presidential Commission > recommendations. The staff created a form to standardize the response > information and sent the report to all executive branch agencies, asking them > to respond to recommendations that fell under their purview. As a result of > their review, the staff determined that "40 percent of the commission's > recommendations with a federal component have already been completed, are > underway or are planned. Another 30 percent are under consideration as part > of the FY 1990 agency budget plans."5 > > On August 2, 1988, President Reagan announced the adoption of a > "10-point plan of action to advance the battle against AIDS and HIV > consistent with the recommendations of the Presidential Commission on AIDS."6 > Of the 10 points included in the plan, 9 were rephrased Presidential > Commission recommendations, including 6 of the top 20 recommendations. The > 9 points were: (1) concern about substance abuse and its relation to HIV, > (2) increase in community-based education and prevention, (3) acceleration of > development, approval, and distribution of AIDS-related therapeutics, (4) > support for international education and prevention efforts, (5) ensuring the > safety of the blood supply, (6) health care financing reform, (7) adoption of > "HIV in the workplace" guidelines, (8) creation of a special HIV emergency > fund, and (9) review of Public Health Service plan for combating HIV and > designation of a mechanism to follow up on the recommendations. The > remaining point in the President's plan was a rephrased sentence from the > introduction to the Commission report, affirming the President's commitment > to allocation of adequate resources to combat the epidemic. The President > also requested that the Attorney General identify the best way for the > "federal government to provide direction and leadership to encourage > non-discrimination for HIV infected individuals."7 > > The Office of the Director of Drug Abuse Policy was asked to update the > recommendations again in September and December of 1988. In July of 1989, > the Public Health Service's National AIDS Program Office (NAPO) updated the > responses in a selected number of the report chapters in preparation for > congressional hearings on AIDS treatment and health care. > > At the time that the National Commission on AIDS was created HHS had > taken responsibility for monitoring the response to the recommendations. The > first involvement of the National Commission in the monitoring process came > in working with NAPO to select a limited number of the recommendations to > make the monitoring process more efficient. National Commission staff, with > the assistance of NAPO staff, eliminated from consideration those > recommendations that had been completed since the release of the report and > selected those recommendations that highlighted gaps in the federal, state, > and local responsibility, as well as those recommendations that the National > Commission held to be priorities, including those that addressed prevention, > treatment, research, and discrimination. The National Commission also > eliminated those recommendations that were identified as statements of > guidance rather than calls for specific action. Once the number of > recommendations had been narrowed down, the National Commission asked NAPO to > continue to serve as the liaison between the National Commission and the > agencies responsible for action on the recommendations and to provide the > National Commission with updates on progress being made on the > recommendations. NAPO currently provides the National Commission with > regular updates on those recommendations directed at HHS (a total of 113). > > Quality of Responses > > On the standardized response forms developed by the White House staff, > agencies are asked to determine whether or not the recommendations are the > responsibility of the federal government, indicate whether they agree or > disagree with the recommendations, and indicate whether their agency has > taken any action as a result of the recommendations. According to the > updated responses by HHS, the Administration agreed with the intent of 7 and > has taken action on 8 of the 75 recommendations identified as the > responsibility of the federal government. The 7 recommendations that the > Administration agreed with and initiated action on included: (1) the signing > of the Americans with Disabilities Act (ADA), (2) new initiatives on behalf > of the National Institutes of Health to expand drug trials to include > underrepresented groups, (3) a grant to the Network of Runaway and Youth > Services to provide HIV education and prevention to homeless and runaway > youth, (4) new demonstration projects to link primary care and drug treatment > for HIV-infected individuals and their families, (5) implementation of > Diagnostic Related Groups (DRGs) for Medicare-eligible HIV-infected patients, > (6) state medical laboratory regulatory requirements proposed by the Health > Care Financing Administration to be used as state model law, and (7) the > extension of COBRA from 18 to 29 months to continue employer health > insurance. > > The Administration disagreed with the intent of the eighth > recommendation, that funds be appropriated to support home health care > programs for underinsured people with HIV. The Administration took action on > the eighth recommendation when Congress passed the HOPE Act (P.L. 100-607), > which was signed into law by the President on November 4, 1988, and which > authorized funds for the Health Resources and Services Administration to > provide home health care to underinsured people with HIV. > > It is unclear how much influence the Presidential Commission > recommendations had on the implementation of these initiatives. It is > probably safe to say that the recommendations played a role in identifying > these issues as important and that individual agencies incorporated the > recommendations of the Presidential Commission, along with those of other > external and internal groups, into their own priority setting. The > remaining 67 responses to the recommendations identified as the > responsibility of the federal government cite the continuation of ongoing > federally sponsored projects as fully or partially addressing the > recommendations. > > Within the recommendations identified as not the reponsiblity of the > federal government, there were three different categories of agency response: > > > 1. The recommendation cited is not the responsibility of the federal > government, rather the federal government is setting an example for state and > local government and the private sector by incorporating the recommendation > into federally based programs. > > 2. The recommendation is not the responsibility of the federal > government, but the federal government has acknowledged the importance of the > recommendation by including it as an incentive for state and local > governments and the private sector to take the recommended action. Action on > the recommendation becomes an incentive either by having the federal agencies > include the recommendation as criteria for funding, or by providing funding > and/or technical assistance specific to the recommendation. > > 3. The recommendation is not the responsibility of the federal > government and the federal agencies are leaving it to state and local > governments and the private sector to address the recommendation in their own > projects. > > More Effective Process Needed for Evaluation > > Unfortunately, the gathering of agency responses to the recommendations > (even given the limited number of recommendations that the National > Commission identified as priorities) has become a paper-driven rather that an > evaluation-driven process. The most recent updates provided by the agencies > cite "no change" as their response to the majority of the recommendations. > Without comprehensive responses, the National Commission is unable to > distinguish between those recommendations that have been successfully > completed and those that warrant additional action. Additionally, the agency > responses currently collected provide no information to the National > Commission as to why those recommendations that have been planned or under > consideration for three years have never been implemented. > > Action on Additional Presidential Commission Recommendations > > A number of recommendations that the federal government acted on were > not among the 113 identified by the National Commission. For example, > federal agencies have taken action on Presidential Commission recommendations > concerning workplace discrimination, housing discrimination, and immigration > policy. The Presidential Commission asked that "[a]ll federal agencies > should serve as a role model for the private sector by immediately adopting > and implementing the employment policies for HIV infected workers described > in the Office of Personnel Management guidelines." When President Reagan > announced the adoption of his "10-point plan of action" against AIDS and HIV > he echoed the Presidential Commission's recommendation by directing that > "every federal agency adopt a policy based on the Office of Personnel > guidelines on how to treat HIV infected persons in the workplace."8 > According to the Office of Personnel Management's evaluation of federal "AIDS > in the workplace" policies, entitled "Implementation of AIDS policy at the > Installation Level," only five federal agencies had not yet implemented "AIDS > in the workplace" policies, and these five all reported having drafts > currently in the approval process.9 > > The second recommendation stated that "federal antidiscrimination > protection for persons with disabilities, including persons with HIV > infection, should be expanded to cover housing that does not receive federal > funds."10 The Fair Housing Amendments Act of 1988 revised the Fair Housing > Act to protect handicapped persons. The law itself does not contain specific > language regarding HIV infection, but the Department of Housing and Urban > Development, in its final rule implementing the law, included HIV in the > listing of diseases that constitute a handicap."11 There has also been > considerable federal action on issues pertaining to HIV and immigration > policies. The Presidential Commission concurred with the World Health > Organization's statement that "screening of international travelers for HIV > would require an unjustified, immense diversion of resources from other > critical programs of education, protection of the blood supply and care."12 > Prior to 1987, HHS had the power to designate the diseases to be included on > the list of "dangerous contagious diseases" that served as warrants for the > exclusion of persons wishing to enter the United States. In 1987 Congress > added an amendment to the Supplemental Appropriations Act of 1987 (P.L. > 100-71) that directed the President to add HIV infection to the "dangerous > contagious diseases" list. > > In 1989 a number of scientific, medical, and humanitarian organizations > criticized the current U.S. visa practices.13 In protest to these practices, > expected participants to both the 6th International Conference on AIDS > scheduled for San Francisco in June of 1990, and the 19th International > Congress on Hemophilia scheduled for Washington, D.C. in August of 1990, > announced their intention to boycott those meetings unless visa restrictions > were changed. In December of 1989, the National Commission on AIDS released > a background paper on AIDS and immigration and called upon the Department of > State, the Department of Justice, and the Department of Health and Human > Services to "conduct a comprehensive review of immigration policies as they > regard communicable diseases, particularly HIV infection, focusing on public > health needs."14 In response to the National Commission, as well as other > concerned constituencies, Congress passed an immigration law that directed > HHS to evaluate the list of "dangerous contagious diseases," renamed as the > list of "communicable diseases of public health significance" as it relates > to those entering the United States in late 1990.15 In congressional > testimony in 1990, Dr. William Roper, Director of the Centers for Disease > Control, testified concerning the removal of HIV/AIDS and other sexually > transmitted diseases (STDs) from the list of dangerous contagious diseases, > and stated that "[a]liens with these diseases can no longer be considered a > significant public health threat to the United States. The sexually > transmitted diseases proposed for deletion, as well as HIV infection, are not > transmitted by casual contact, through the air, or from common vehicles_such > as fomites, food, or water. Therefore an infected person in a common or > public setting does not place another individual inadvertently or unwillingly > at risk. Rather these diseases are primarily spread through voluntary > exposure."16 > In January of 1991, HHS revised the list, deleting a number of STDs, > including HIV infection, leaving "infectious tuberculosis" as the only > "communicable disease of public health significance" for which aliens, > including refugees, can be excluded from the United States. As the June 1, > 1991 deadline neared for decision about what list of diseases constituted > grounds for exclusion, a new debate apparently arose within the > Administration around the proposition that travelers should be dealt with > separately from immigrants. One view in this discussion was that the costs > of medical care for people with HIV infection or AIDS made this disease a > communicable disease of public health significance that should result in > exclusion of immigrants. The Commission has reviewed that issue and found > that present immigration law deals extensively and in detail with such > economic concerns in the exclusion of persons who wish to immigrate if they > are likely at any time to become a public charge. To single out HIV disease > in this economic context seems irrelevant and highly discriminatory. > > The issuance on May 31, 1991 of an interim rule that extends the same > travel and immigration restrictions as "communicable diseases of public > health significance" that previously were classified as "dangerous contagious > diseases" defies public health knowledge. This action perpetuates the > misleading and discriminatory effects of prior HIV inclusion on an outdated > list of diseases. This has had the additional, serious side effect of > jeopardizing further important scientific meetings that are crucial to the > efficient exchange of scientific information and progress in the midst of > this accelerating pandemic. > > Conclusions > > Over the course of the past two years, the National Commission on AIDS > has submitted a series of recommendations to the President and Congress in > addition to those included in this comprehensive report. Given the lack of > federal response to the Presidential Commission recommendations, the National > Commission has had to re-recommend a number of initiatives that were > highlighted by the Presidential Commission. National Commission > recommendations that overlap with the Presidential Commission recommendations > include: (1) passage of antidiscrimination legislation, (2) intravenous drug > use treatment on demand, (3) expansion of health care provider recruitment > initiatives including the National Health Service Corps, (4) expansion of > clinical trials to include underrepresented groups traditionally excluded > from clinical research, such as people of color, (5) development of > comprehensive care programs, (6) creation of a federal interagency mechanism > to coordinate a national plan, and (7) funds for housing projects for people > with HIV. The Congress and/or the President have taken some action to > address all but two of these recommendations_treatment on demand and the > creation of a federal interagency mechanism to coordinate a national plan. > The National Commission will continue to monitor the response to its own > recommendations in its third year and identify those areas of the national > response that need additional initiatives. > > The National Commission on AIDS has attempted to monitor the response > to the Presidential Commission recommendations and in the process has brought > attention to a number of deficiencies in the national response to the AIDS > epidemic: lack of a comprehensive national plan, absence of federal > leadership, and insufficient methods for evaluating HIV-related programs. As > the successor to the Presidential Commission, the National Commission will > continue to monitor the national response to the HIV epidemic and call for > action from the federal as well as the state and local government and the > private sector. > > References > > 1. National Commission on AIDS, Enabling Legislation, PL 100-607, > November 4, 1988. > > 2. Report of the Presidential Commission on the Human Immunodeficiency > Virus Epidemic, June 24, 1988, p. vii. > > 3. Institute of Medicine. 1988. Confronting AIDS: Update 1988. > Washington, D.C.: National Academy Press. > > 4. "AIDS Drugs, Where are They?" 73rd Report of the Committee on > Government Operations. Washington, D.C.: U.S. Government Printing Office. > > 5. White House, Office of the Press Secretary. 1988. Press release, > August 2. > > 6. Ibid. > > 7. Report of the Presidential Commission on the Human Immunodeficiency > Virus Epidemic, June 24, 1988, p. 112. > > 8. White House, Office of the Press Secretary. 1988. Press Release, > August 2. > > 9. Communication with John Rogers, Employee Labor Relations, Office of > Personnel Management; correspondence from Constance Newman, Director, Office > of Personnel Management. > > 10. Report of the Presidential Commission on the Human Immunodeficiency > Virus Epidemic, June 24, 1988, p. 107. > > 11. Congressional Research Service. AIDS Discrimination Issues: > Legislative and Executive Actions, IB89125, February 28, 1991. > > 12. Report of the Presidential Commission on the Human Immunodeficiency > Virus Epidemic, June 24, 1988, p. 156. > > 13. National Commission on AIDS. 1990. Press release, "Commission > Calls for Changes in U.S. Visa and Immigration Policies." National > Commission on AIDS Annual Report, p. 37. > > 14. National Commission on AIDS. 1990. "Resolution on U.S. Visa and > Immigration Policy." National Commission on AIDS Annual Report, pp. 39_40. > > 15. National Commission on AIDS. 1990. Background paper "AIDS and > Immigration: An Overview of United States Policy." National Commission on > AIDS Annual Report, pp. 41_57. > > 16. Correspondence from Peter West, Senior Medical Advisor, Department > of State, July 24, 1990. > > Appendix D > > Public Law 100_607, November 4, 1988____ > > Appendix E > > Commissioner Biographies > > Chairman June E. Osborn, M.D., is Professor of Epidemiology and Dean of > the School of Public Health at the University of Michigan; she is also > Professor of Pediatrics and Communicable Diseases at the University of > Michigan Medical School. She has served on numerous federal and nonfederal > committees, currently including the Global Commission on AIDS for the World > Health Organization and the Robert Wood Johnson Foundation National Advisory > Committee for the AIDS Health Services Project (Chair). Dr. Osborn has > published extensively in the fields of virology, public health, and public > policy. She earned her M.D. at Case Western Reserve University School of > Medicine and did her pediatric residency at Harvard Hospitals. She is a > member of both the American Academy of Pediatrics and the American Academy of > Microbiology. In 1986 she was elected to membership in the Institute of > Medicine of the National Academy of Sciences. > > Vice Chairman David E. Rogers, M.D., completed his M.D. in 1948 at > Cornell University and served an internship and residency at Johns Hopkins. > Among his important appointments are those of Dean of Medicine and Vice > President for Medical Affairs at Johns Hopkins University and Medical > Director of the Johns Hopkins Hospital. Dr. Rogers was appointed the first > Walsh McDermott University Professor of Medicine at the New York > Hospital-Cornell University Medical Center in November 1986. For the 15 > years preceding this appointment, Dr. Rogers was President of the Robert Wood > Johnson Foundation in Princeton, New Jersey, the largest philanthropy > devoting its resources to alleviating problems in the health care of > Americans. Dr. Rogers has been very involved in the problems of AIDS, > holding appointments as Chairman of the Advisory Council of the AIDS > Institute of New York State, member of the Citizens Commission on AIDS of New > York and New Jersey, Chair of the National Community AIDS Partnership, and > Chair of the New York City Mayoral Task Force on AIDS. > > Diane Ahrens is presently serving her 17th year as Commissioner of > Ramsey County, Minne-sota. She chaired the Human Services Steering Committee > of the National Association of Counties (NACO) from 1986_1988 and in 1988 was > appointed chair of NACO's task force on HIV/AIDS, which formulated > recommendations for all counties regarding their role in addressing the HIV > epidemic. She earned her Masters degree in Religion and Higher Education at > Yale University. > > Scott Allen, of Dallas, Texas, serves as a consultant for Homeward, > Inc., and specializes in transitional care. He has conducted extensive > research on the spiritual, ethical, and psychological dimensions of AIDS. He > also provides direct pastoral care for people with AIDS, and is often called > upon to act as a liaison between people with AIDS and their religious > community and/or family. In addition, Reverend Allen is the founder and > Co-Coordinator of the AIDS Interfaith Network of Dallas, Chairperson of the > Subcommittee on State Responsibility of the Special Texas Legislative Task > Force on AIDS, and Board Member of AIDS ARMS, a program to meet the special > human needs of people with AIDS. Reverend Allen earned his Masters in > Divinity from the Golden Gate Theological Seminary and served as pastor of > the Pacific Baptist Church in California and as Minister of Education and > Youth for the First Christian Church in Colorado Springs before joining the > Christian Life Commission in 1985. > > Harlon L. Dalton is a Professor at Yale Law School and a leading > authority on legal issues generated by the AIDS epidemic. His AIDS-related > publications include AIDS and the Law: A Guide for the Public, and "AIDS in > Blackface." Mr. Dalton serves on the AIDS Interfaith Network in New Haven > (chairperson), the Advisory Board of the Connecticut Consortium of AIDS, the > Editorial Board of the AIDS Alert, and the New Haven Mayor's Task Force on > AIDS. He earned his J.D. from Yale Law School. > > Don C. Des Jarlais is currently the Director of Research for the > Chemical Dependency Institute of Beth Israel Medical Center, Deputy Director > for AIDS Research with Narcotic and Drug Research, Inc., and Professor of > Community Medicine at Mount Sinai School of Medicine. He is an international > leader in the fields of AIDS and intravenous drug use and during the past > seven years has published over 100 scientific articles on the topics. He was > the plenary speaker on intravenous drug use and AIDS at the 3rd, 4th, and 7th > International Conferences on AIDS. He also serves as a consultant to various > institutions, including the Centers for Disease Control, the National > Institute on Drug Abuse, the National Academy of Sciences, and the World > Health Organization. He is a Guest Investigator at Rockefeller University > and a Visiting Professor of Psychology at Columbia University. Dr. Des > Jarlais earned his Doctorate of Philosophy in Social Psychology from the > University of Michigan. > > Eunice Diaz, M.S., M.P.H., a private health consultant, is a nationally > known expert and speaker on the subject of AIDS in the Hispanic community, > and a former board member of AIDS Project Los Angeles. In addition, Ms. Diaz > has served on numerous AIDS-related committees and panels, including the Los > Angeles County Commission on AIDS, the Planning Committee for the Surgeon > General's Conference on Pediatric AIDS, and most recently, the Task Force on > AIDS of the Society for Hospital Marketing and Public Relations, American > Hospital Association. Ms. Diaz earned her Master of Science and Master of > Public Health at the Loma Linda University. She has received an honorary > doctorate degree in humanities. > > Donald S. Goldman is an attorney in private practice as a partner in > the West Orange, New Jersey, law firm of Harkavy, Goldman, Goldman & Caprio. > Active in The National Hemophilia Foundation and its chapters for over 25 > years, he served as its Chairman from 1983 to 1984 and its President from > 1984 to 1986. Mr. Goldman coordinated The National Hemophilia Foundation's > efforts to improve the safety of the nation's blood supply, began many of its > efforts in HIV risk reduction, and introduced initiatives to improve > hemophilia and HIV service delivery to minorities. Currently he is also Vice > President of the National Health Council, Inc. Mr. Goldman earned his J.D. > from Rutgers University and has published and lectured widely on legal > aspects of hemophilia, HIV infection, and other medical and ethical issues. > He is a member of the Bar of New Jersey, the United States Court of Appeals > for the Third Circuit, and the United States Supreme Court. > > Larry Kessler is a founding member and Executive Director of the AIDS > ACTION Committee of Massachusetts, New England's largest AIDS service > organization. Beginning in 1983 as its only paid staff member, Kessler > organized a corps of volunteers to combat the AIDS epidemic through > education, service, advocacy, and outreach. He now oversees a staff of 75 > full-time employees and more than 2,000 volunteers who provide support > services to more than 1,400 men and women living with AIDS and HIV, and > educational programs for health care providers, the public, and communities > at risk of HIV infection. Kessler continues to play a leading role in > advocating on the federal, state, and local levels for fair and effective > AIDS policy and funding. He was an original member of the Massachusetts > Governor's Task Force on AIDS and the Boston Mayor's Task Force on AIDS, > under appointments by Governor Michael S. Dukakis and Mayor Raymond Flynn, > respectively. Kessler is a founding board member of the former National AIDS > Network and the AIDS ACTION Council in Washington, on whose board he > continues to serve. Most recently, he was named to the Advisory Boards of > the Harvard AIDS Institute and the National Leadership Coalition on AIDS. In > 1987, Simmons College in Boston awarded him an Honorary Degree of Doctor of > Human Services. > > Charles Konigsberg, M.D., M.P.H., is a public health physician. He > most recently served as Director of the Division of Health of the Kansas > Department of Health and the Environment from October 1988 to August 1991. > Previously he was the District Health Program Supervisor and Broward County > Public Health Unit Director for the Department of Health and Rehabilitative > Services in Fort Lauderdale. In Florida Dr. Konigsberg represented the > county health official perspective on the Governor's AIDS Advisory Task > Force. Dr. Konigsberg has also served as a consultant to the Centers for > Disease Control and the U.S. Public Health Service in the development of HIV > prevention and control strategies. He earned his M.D. from the University of > Tennessee Center for the Health Sciences and his Master of Public Health in > Community Health Administration from the University of North Carolina School > of Public Health. > > Belinda Ann Mason is a journalist and fiction writer who lives in rural > Kentucky. In 1987 she was diagnosed with HIV and thereafter with AIDS. In > 1988 she founded the Kentuckiana People With AIDS Coalition, the first > organization of its kind in either Kentucky or Indiana. From 1989 to 1990 > she served as President of the National Association of People With AIDS, and > continues as its Chair Emeritus. Since 1990 she has served on the board of > the AIDS Action Council in Washington, D.C. She is the recipient of numerous > honors and awards including a distinguished leadership award from the > Kentucky legislature. > > J. Roy Rowland, M.D., is now serving his fourth term in the U.S. House > of Representatives (Democrat, Georgia's Eighth Congressional District). As > the only physician in Congress from 1985 to 1988, Congressman Rowland has > provided leadership and insight on a number of health issues, such as infant > mortality, rural health, the veterans' health system, and AIDS. His efforts > on behalf of the AIDS community include sponsoring the legislation that > authorized creation of the National Commission on AIDS and introducing a bill > mandating study of AIDS among college students_an idea that was adopted > administratively by the Centers for Disease Control. Congressman Rowland > earned his M.D. from the Medical College of Georgia and maintained a family > practice in central Georgia for three decades before pursuing a political > career. > > Ex Officio Richard B. Cheney was nominated by President Bush to be > Secretary of Defense on March 10, 1989, was confirmed by the United States > Senate on March 17, 1989, and took the oath of office on March 21, 1989. In > August 1974, when Gerald R. Ford assumed the presidency, Mr. Cheney served on > the Ford transition team, beginning in September 1974 as a Deputy Assistant > to the President. In November 1975, he was named Assistant to the President > and White House Chief of Staff, a position he held through the remainder of > the Ford Administration, until January 1977. He returned to his home state > of Wyoming in May 1977 to resume private life. Mr. Cheney was elected to > Congress in November 1978. He was reelected in 1980, 1982, 1984, 1986, and > 1988. > > Edward J. Derwinski, President Bush's choice to become the first > Secretary of the newly created cabinet-level Department of Veterans Affairs, > was confirmed by the Senate on March 2, 1989 and sworn in on March 15, 1989. > Secretary Derwinski directs the activities of the federal government's second > largest department, responsible for a nationwide system of health care > services and benefits programs for America's 27.3 million veterans. A member > of the U.S. House of Representatives from 1959 to 1983, representing > Illinois' Fourth Congressional District, he was the senior minority member of > the House Foreign Affairs Committee, Post Office Committee, and Civil Service > Committee. He played a major role in the passage of landmark civil service > reform, postal service reorganization, and foreign service reform > legislation. > > Louis W. Sullivan, M.D., was sworn in as Secretary of Health and Human > Services on March 10, 1989. As head of the Department of Health and Human > Services, Dr. Sullivan oversees the federal agency responsible for the major > health, welfare, food and drug safety, medical research, and income security > programs serving the American people. Dr. Sullivan came to HHS from the > Morehouse School of Medicine in Atlanta, Georgia. In July 1975, Dr. Sullivan > became founding dean and director of the medical education program at > Morehouse College. In July 1, 1981 when the School of Medicine became > independent from Morehouse College he served as its first dean and president. > In April 1985, the Morehouse School of Medicine was fully accredited and on > May 17, 1985, the school awarded the M.D. degree to its first 16 graduates. > > > Appendix F > > Commission Documents > > For any of the following information please contact: > > The National Commission on Acquired Immune Deficiency Syndrome > 1730 K Street, N.W., Suite 815 > Washington, D.C. 20006 > (202) 254-5125. > > Records are kept of all Commission proceedings and are available for > public inspection at this address. > > Reports > > First Interim Report to the President and the Congress: "Failure of > U.S. Health Care System to Deal with HIV Epidemic." December 1989. > > Working Group Summary Report on Federal, State, and Local > Responsibilities. March 1990. > > Second Interim Report to the President and the Congress: "Leadership, > Legislation, and Regulation." April 1990. > > Third Interim Report to the President and Congress: "Research, the > Work Force, and the HIV Epidemic in Rural America." August 1990. > > Annual Report to the President and the Congress. August 1990. Fourth > Interim Report to the President and the Congress: "HIV Disease in > Correctional Facilities." March 1991. > > Report of the Working Group on Social and Human Issues to the National > Commission on AIDS. April 1991. > > Fifth Interim Report to the President and the Congress: "The Twin > Epidemics of Substance Use and HIV." August 1991. > > Statements > > Support for Passage of the Americans with Disabilities Act. September > 6, 1989. > > Support for Increase in AIDS Funding in the FY '90 Appropriations Bill. > September 19, 1989. > > Support for the Goal of Treatment on Demand for Drug Users. September > 26, 1989. > > Support for Continued Funding of Research on Effectiveness of Bleach > Distribution. November 7, 1989. > > Endorsement of Principles and Objectives of Comprehensive AIDS > Resources Emergency (CARE) Act of 1990. March 6, 1990. > > Despite Debate Among Epidemiologist, HIV Epidemic Will Have Greater > Impact in 1990s than 1980s. March 15, 1990. > > Endorsement of Principles and Objectives of AIDS Prevention Act (H.R. > 4470) and Medicaid AIDS and HIV Amendments Act of 1990 (H.R. 4080). May 11, > 1990. > > Endorsement of Principles and Objectives of the Ryan White CARE Act of > 1990. March 6, 1991. > > Information on the Commission > > Commission Fact Sheet > > Individual Commissioner Biographies > > Public Law 100-607 (Creation of the National Commission on AIDS) > > America Living With AIDS > > >