Increasing the numbers of people living with undiagnosed HIV who get tested, so that they will learn their status and get into care earlier, has our support. But expanded testing should be done with specific, written consent and after some counseling, for the reasons summarized below...
Because an estimated 500,000 people with HIV are not in regular care and an estimated 1 in 4 people with HIV do not know that they have HIV, there are forceful and compelling arguments for HIV policy change on the federal and state levels.
The Centers for Disease Control and Prevention (CDC) in September 2006 issued new recommendations for expanded testing of people for HIV. We support the CDC's goal of increasing the numbers of people living with undiagnosed HIV who get tested, so that they will learn their status and get into care earlier.
In September 2006, the Centers for Disease Control and Prevention (CDC) published updated guidelines on voluntary HIV testing in health care settings. The CDC now recommends that medical providers offer all persons ages 13 to 64 voluntary HIV testing without risk assessments as a routine part of medical care.
Lambda Legal has a long history of fighting in the courts for the rights of people living with HIV. This includes winning the first HIV discrimination lawsuit in the country, filing legal briefs in major U.S. Supreme Court cases involving the Americans with Disabilities Act, including Bragdon v. Abbott, Univ. of Alabama v. Garrett, and Toyota Motor Mfg., Kentucky v.
An awareness of the fallibility of the legal system and the effects of bias on the courts has led Lambda Legal Defense
and Education Fund to oppose the death penalty as an irreversible and harsh misuse of government power.
The Supreme Court victory in United States v. Windsor striking down the discriminatory federal Defense of Marriage Act (DOMA) affirms that all loving and committed couples who are married deserve equal legal respect and treatment from the federal government. The demise of DOMA marks a turning point in how the United States government treats the relationships of married same-sex couples for federal programs that are linked to being married.
See Further Guidance from the Office of Personnel Management (OPM). The OPM has issued guidance on Family and Medical Leave Act (FMLA) protections for same-sex spouses. The Office of Government Ethics has issued guidance for federal employees with same-sex spouses, OGE, LA-13-10: "Effect of the Supreme Court’s Decision in United States v. Windsor on the Executive Branch Ethics Program."
On September 17, 2013, the Department of Health & Human Services issued SHO # 13-006, guidance for State Health Officials and Medicaid Directors on implications of the Windsor ruling for Medicaid and the Children's Health Program (CHIP).