Author: David W. Webber

Publisher: Aspen Law & Business

Published: 2007

Total Pages: 1342

ISBN-13: 9780735561984

AIDS and the Law provides comprehensive coverage of the complex legal issues, as well as the underlying medical and scientific issues, surrounding the HIV epidemic. Covering a broad range of legal fields from employment to health care to housing and privacy rights, this essential resource provides thorough up-to-date coverage of a rapidly changing area of law. AIDS and the Law brings you up-to-date on the latest developments, including: Updates on HIV prevention breakthroughs, including research results of a study of couples demonstrating that initiation of antiretroviral therapy for the partner with HIV resulted in a 96 percent reduction in risk of sexual transmission of HIV to the uninfected Partner Critical review of the decision of the Court of Appeals for the Tenth Circuit in EEOC v. C.R. England, Inc., which held that in a case in which the defendant trucking company's requirement that a driver/trainer disclose his HIV status to driver trainees was nothing more than a "perceived indignity" that did not rise to the level of an adverse employment action under the Analysis of the Equal Employment Opportunity Commission's new regulation implementing the Americans with Disabilities Act, as amended in 2008, and identifying HIV infection as a disability Discussion of P.R. v. Metropolitan School District of Washington Township, in which a federal district court ruled that in order to prevail, an HIV-positive high school student must be able to prove that the defendant school district deliberately ignored and knowingly refused to take action on the student's complaints that she was subject to harassment because of her HIV status Critical analysis of recent decisions, such as Clayton v. Curtin, in which criminal defendants with HIV have received lengthy prison sentences under state HIV-specific criminal statutes for behavior that poses only a theoretical or speculative risk of HIV transmission Explanation of the Patient Protection and Affordable Care Act's "essential benefits" mandate and its impact on access to health insurance for individuals with HIV Litigation updates on claims of constitutionally inadequate health care for prisoners with HIV, such as the Court of Appeals for the First Circuit ruling in Leavitt v. Correctional Medical Services, Inc., which held that a state prison's 17-month delay in initiating antiretroviral therapy for a prisoner known by health care staff to have symptomatic HIV disease did not result in viable claim of deliberate indifference to a serious medical need