Health and Human Services Discrimination: Persons with HIV Infection or AIDS

In addition to bringing health challenges, getting a diagnosis of Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) can also trigger discrimination in employment, housing, and other aspects of your life.

Maintaining your physical and mental health is crucial when you have a disease like HIV or AIDS. That makes it even more disturbing to experience discrimination when seeking health and social services.

The federal government has put anti-discrimination laws into place to protect people with disabilities. These laws include HIV and AIDS. The federal civil rights laws include the following:

• Section 504 of the Rehabilitation Act of 1973 (Section 504)
• Title II of the Americans with Disabilities Act (ADA)
• Section 1557 of the Patient Protection and Affordable Care Act (ACA)
• Genetic Information Nondiscrimination Act (GINA)

This article discusses the civil rights protections available to you if you have HIV or AIDS. It covers the laws mentioned above and how they apply to people living with HIV or AIDS.

HIV/AIDS Is Considered a Disability

As mentioned above, having an HIV infection or AIDS qualifies as a disability for the purpose of protection under relevant federal laws.

Under the Americans with Disabilities Act of 1990 (ADA), a disability is a physical or mental impairment that substantially limits major life activities. HIV qualifies because it substantially limits your immune function.

Protection Under Section 504 and the ADA

Section 504 of the Rehabilitation Act and the ADA provide almost identical protections for people living with HIV/AIDS. However, these laws apply to different entities.

Both laws protect qualified individuals with disabilities (including HIV) from discrimination by healthcare and human service providers. They aim to ensure equal access to certain services.

• Section 504 applies to the federal government, federal contractors, and recipients of federal funding or federal financial assistance
• The ADA applies to state, local, and most private entities

Under these laws, the applicable entities must make their programs and services available and accessible to people with disabilities. Because an entity can receive both federal and state funding, both Section 504 and the ADA may apply. In general, hospitals, nursing homes, and other covered entities can't exclude qualified people from program benefits and services. That's  true as long as you meet the requirements for the benefit or service.

A hospital may have a wellness group that you qualify for. If the hospital excludes you because you're HIV positive, that would likely be a violation of the law.

Section 1557 of the Affordable Care Act (ACA)

Section 1557 of the Affordable Care Act (ACA) is the nondiscrimination provision of the ACA. It prohibits discrimination in health care based on:

• Disability
• Race
• Color
• Sex
• Age
• National origin

The law applies to certain health care activities and programs, including:

• Any health program, institution, or activity that receives funding from the Department of Health and Human Services (i.e. Medicaid)
• Any program administrated by the U.S. Department of Health and Human Services (HHS)
• Any health insurance policies under the ACA marketplace, and insurers that participate in the marketplace

Section 1557 also requires effective communication and accessibility to people with disabilities. This means the organization or business must make efforts that allow communication with you, as a person with a disability, that is just as effective as communication with those who don't have a disability.

Protections Under the Genetic Information Nondiscrimination Act (GINA)

Title I of the Genetic Information Nondiscrimination Act (GINA) prohibits discrimination based on genetic information in health care. Under GINA, it's illegal for insurers to request, require, or use genetic information to make decisions about:

• Your eligibility for health insurance
• Your health insurance premium, contribution amounts, or coverage terms

In addition to protecting you from the denial of health care based on genetic test results or family health history, GINA also offers other protections. GINA makes it illegal for insurers to:

• Consider family history or a genetic test result to be a pre-existing condition
• Ask or require you to have a genetic test
• Use any genetic health information an insurer has to discriminate against you, even if the insurer didn't mean to collect the information

Issues With a Discrimination Claim?. Talk to an Attorney

Have you been denied acceptance into a program because of your HIV status? If you think you're the subject of discrimination based on having HIV or AIDS, it may well be time to get an attorney involved.

An experienced discrimination attorney can help protect your human rights and support you in addressing AIDS or HIV-related discrimination. Whether you live in a city like Washington, D.C., or somewhere more rural, help is available.