Aging With Dignity While Living With HIV: Resources and Rights

Adults aged 50 and over living with human immunodeficiency virus (HIV) share similar health concerns as their peers without the virus. But HIV-positive older adults do face a higher risk of some HIV-associated conditions, including cancer, cardiovascular issues, diabetes, and renal disease.

Federal protections and community organizations help ensure access to treatment, combat stigma, and support aging with dignity. Still, gaps exist in testing, prevention, and long‑term care resources for older adults living with HIV, especially for those facing multiple barriers.

Federal laws play a critical role by prohibiting discrimination in healthcare, housing, and public services. These protections give people living with HIV clear avenues to assert their rights and seek remedies when discrimination occurs. Keep reading to learn more.

HIV in Older Adults

HIV can affect anyone regardless of sexual orientation, gender identity, race, ethnicity, ability, or age. But it disproportionately impacts men who have sex with men (MSM) and communities of color.

The Centers for Disease Control and Prevention (CDC) reported for the year 2022, adults 50 and over comprised 16% of all new HIV diagnoses in the country. In addition, older adults have the longest delay in being diagnosed with HIV than any other age group. This demonstrates a need for increased HIV testing and prevention efforts for older adults.

Many LGBTQ+ older adults (OA) living with HIV were diagnosed in the 1980s and 1990s when a positive test equated to a death sentence because so little treatment was available. Life expectancy was short, and developing a cohesive elder care plan to support aging in place was certainly an afterthought.

LGBTQ+ older adults living with HIV pioneered to the benefit of younger generations through their lived experiences, work, and activism. However, because HIV prevention efforts have historically been focused on teens and younger adults, LGBTQ+ older adults are often overlooked when it comes to help and resources. Funding, education, outreach, and advocacy are critical for LGBTQ+ older adults living with HIV. 

Resources for Older Adults Living With HIV

If you believe you have been exposed to HIV, you can find a local testing center through the HHS Testing and Services Locator. Many organizations offer free or reduced-cost testing. Home HIV testing kits are also available, depending on your state’s laws.

If you test positive for HIV, immediately inform your health care provider as well as anyone you have had sexual contact with so they can get tested too. 

If you meet certain income requirements, you may qualify for medical care, prescription drug coverage, support services, and other resources through the Ryan White HIV/AIDS Program. You can find the HIV/AIDS Hotline for your state here.

As a person living with HIV, you may encounter discrimination from people who do not understand that HIV is transmitted in very limited ways. Organizations working to promote culturally competent support for LGBTQ+ older adults and people living with HIV include:

• SAGE: SAGE USA offers services to ensure LGBTQ+ elders and others living with HIV can age with dignity.
• The Human Rights Campaign: The HRC works to debunk HIV myths.
• The AIDS Coalition to Unleash Power: ACT UP was founded in 1987 to “change the history of HIV.” 

Protection From HIV Discrimination

The law provides protection from discrimination for people with HIV/AIDS under:

• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act (ADA)
• Section 1557 of the Affordable Care Act

If you have experienced discrimination due to your HIV status, you can file a complaint with the Office for Civil Rights (OCR). You can also reach out to an attorney who specializes in representing LGBTQ+ clients and people with HIV/AIDS.

You Have Rights: Get Legal Help

An attorney who understands HIV discrimination and healthcare access can help you navigate issues like denied services, privacy violations, housing discrimination, or barriers to care. They can explain in plain language how federal protections, such as the ADA and Section 1557, apply to your situation and advise you on the next steps to protect and assert your rights.

If you’re facing discrimination or need help asserting your rights, consider contacting an attorney today. A lawyer who understands the needs of LGBTQ+ older adults and people living with HIV can offer personalized legal advice and advocate on your behalf.

FindLaw’s directory of civil rights attorneys can get you started. Because state laws are relevant, your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.