AIDS and the Law

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 is updated annually; the most recent update was issued for 2011.

The new Fourth Edition of AIDS and the Law brings you up-to-date on the latest developments, including:

• Explanation of why asymptomatic HIV infection is a disability under the Americans with Disabilities Act and similar federal and state nondiscrimination statutes – including an update on the ADA Amendments Act of 2008 as it applies to HIV
• Analysis of factors involved in complying with state statutory standards on HIV testing and confidentiality of HIV-related information
• Critical assessment of the courts’ rulings on knowing transmission, or risk of transmission, of HIV as a criminal offense under federal and state law

Highlights of the 2011 update include:

• Analysis of how the 2010 federal health care reform legislation – the Patient Protection and Affordable Care Act – will affect insurance coverage for persons with HIV/AIDS
• Discussion of the first reported employment discrimination ruling, Horgan v. Simmons, in which a plaintiff with HIV prevailed under the expanded definition of disability set forth in the 2008 amendments to the Americans with Disabilities Act
• Analysis of the lifting of the HIV ground of inadmissibility, which for 22 years barred HIV-positive travelers from entering the United States and immigrants with HIV from becoming permanent residents
• Summary of the EEOC’s proposed regulations under the amended Americans with Disabilities Act as they pertain to claims of HIV/AIDS discrimination
• Review of the congressional repeal of a 20-year ban on use of federal funds to support access to sterile syringes as an HIV prevention measure
• Analysis of the U.S. Justice Department’s groundbreaking announcement that the ADA prohibits Title II public entities from denying a person with HIV an occupational license or admission to a trade school because of his or her HIV status
• Discussion of the U.S. Department of Health and Human Services Office of Civil Rights’ rejection of the direct threat defense relied on by a surgeon who refused to operate on a patient with HIV
• Summary of the court’s grant of summary judgment for the plaintiff with HIV in Doe v. Deer Mountain Day Camp, Inc., a significant ruling in which the court concluded that there could be no reasonable dispute that a 10-year old boy with HIV did not pose a direct threat to himself or others as a result of his participation in a summer basketball day camp