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Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. list re: President's Advisory Council on HIV/AIDS (5 pages) n.d. P6/b(6) COLLECTION: Clinton Presidential Records Domestic Policy Council Devorah Adler OA/Box Number: 20464 FOLDER TITLE: HIV/AIDS [Folder 2] 2012-0463-S rc771 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] PI National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute ((a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA| PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. 11/06/98 FRI 10:35 FAX 001 OFHEALTH OF Office of HIV/AIDS Policy Office of Public Health and Science DEPARTMENT HUMAN Office of the Secretary USA 200 Independence Avenue, S.W., Room 736-E Washington, DC 20201 Deliver To: Weard Adler Fax: ( ) 496-5557 Phone: ( ) From: Deborah von Zinkernagel Deputy Director for Policy Phone: (202) 690-5560 Fax: (202) 690-6584 E-mail: [email protected] Date: / / This fax contains 1 page(s) plus cover If transmission problems occur, please call: Shellie Abramson @ 202-690-5560 Comments: California sinch Aggrege estimet Sn AB1663 11/06/98 FRI 10:35 FAX 002 1,-67-1995 1:42AM FROM P.2 Analysis Page 1 of 1 BILL ANALYSIS APPROPRIATIONS COMMITTEE FISCAL SUMMARY AB 1663 (Migden) Hearing Date: 8/19/98 Amended: 7/6/98 and proposed amendments Consultant: David Maxwell-Jolly Policy Vote: H&HS 5-0 BILL SUMMARY: AB 1663 requires by 1/1/2000 reporting of HIV cases using a uniform, statewide system that reports cases based on a unique code or other method that does not report the names of individuals infected with HIV. The bill directs the Department of Health Services to use the data collected on the basis of the reports for epidemiological studies, to target HIV prevention activities, and to allocate resources. Fiscal Impact (in thousands) Major Provisions 1998-99 1999-2000 2000-01 Fund Surveillance system and Task force 550 350 350 General STAFF COMMENTS: *Amended to $550, 000 due SUSPENSE FILE. to requirement In Statemide Task Force 12/07/98 21:28 FAX AIDS Policy 011 Multistate Evaluation of Anonymous HIV Testing and Access to Medical Care Andrew B. Bindman. MD: Dennis Osmond, PhD: Frederick M. Hecht, MD: J. Stan Lehman, MPH: Karen Vranizan, MA; Dennis Keane, MPH: Arthur Reingold. MD: and the Multistate Evaluation of Surveillance of HIV (MESH) Study Group Context.Infection with the human immunodefleiency virus (HIV) Is the only in- tient's name. The vailability of an anony- fectious disease for which anonymous testing is publicly funded. an exception that mous HIV testing option has differed has been controversial. over time across states and localities. Objective.-To assess whether anonymous HIV testing was associated with Currently. 40 states have publicly funded earlier HIV testing and HIV-related medical care than confidential HIV testing. anonymous testing sites for HIV, and all Design-Retrospective cohart. 50 states have publicly funded confiden- Setting.-Arizona, Colorado. Missouri, New Mexico, North Carolina, Oregon. tial HIV testing sites- and Texas. Participants.-Probability sample of 835 new acquired immunodeficiency syn- See also P 1421. drome (AIDS) cases reported to the state health department's HIV/AIDS Reporting System from May 1995 through December 1996. All had responded to the AIDS Human immunodeficiency virus is the Patient Survey: 643 had been tested confidentially for HIV, and 192 had been tested only infectious disease for which anony- anonymously. mous testing is publicly funded, an except Main Outcome Measures.First CD4- cell count; number of days from tion that has been controversial Propo- HIV-positive test result to first HIV-related medical care, from first HiV-related nents of anonymous testing believe that it medical care to AIDS. and from first HIV-positive test result to AIDS. encourages persons who would not oth- Results.-Persons tested anonymously sought testing and medical care aarlier erwise seek testing to learn their HIV in- in the course of HIV disease than did persons tested confidentially. Mean first C04- fertion status by eliminating the concern about potential loss of confidentiality. cell count was 0.427 X 10 º/L in persons tested anonymously vs 0.267x10°/L in per- Persons tested anonymously who learn sons tested confidentially. Persons tested anonymously experienced an average that they are HTV positive may be moti- of 918 days in HIV-related medical care before an AIDS diagnosis vs 531 days for vated by their test result to seek medical persons tested confidentially. The mean time from learning they were HIV positive care earlier in the course of the di to the diagnosis of AIDS was 1246 days for persons tested anonymously VS 718 than they might had only confidential days for persons tested confidentially. After adjustment for the subject's age. sex. testing been avgilable. Some studies have race/ethnicity, education, income, insurance status. HIV exposure group, whether suggested that ananymous testing in- the respondent had a regular source of care or symptoms at the time of the HIV test. creases the number of people who are will- and state residence, anonymous testing remained significantly associated with ing to be voluntarily tested for HIV. In North Carolina coundes that offered earller entry into medical care (P<.001). anonymous testing experienced greater Conclusion-Anonymous testing contributes to early HIV testing and medical growth in testing than did counties that care. continued to offer only confidential test- JAYA 1998:230:1416-1-20 ing.1 Similarly. with the introduction of anonymous testing in Arizona and Or- egon, ay more people obtained testing than BOTH CONFIDENTIAL and anony- testing, a person's name is linked to the when only confidential testing was avail- mous antibody testing for the human im- specimen, and the test result is recorded able. However, the findings have not been munodeficiency virus (HIV) have been in 1 medical chart with a name. Early in consistent: the Colorado State Health De- available at public testing sites in the the epidemic, the stigma associated with partment did not detect a meaningful in- United States since 1985. In confidential testing positive for HIV focused atten- crease in HIV testing with the incroduc- tion on the potential for breaches in the tion of anonymous HIV testing. From the Primary Care Research Center (Drs Bind. confidentiality of an HIV test result Con- Because people who test HIV positive man and asmona. Ma Vramean, and Mr Keane) and carned that anxiety about the potential anonymously cannot be individually AIDS Division (Dr Hechti, San Prancisco General Hos- cital. and Departments of Medicine (Drs Bindmar- and loss of confidentiality would deter some tified, reporting systems that rely on the Heart Mz Visnizan. and Mr Keane) and Epidemplogy at-risk persons from voluntarily seeking results of anonymous testing are prone to eno Biostances (Dre Sindman and Opmand). Unnier- testing for HIV, many state and local pub- measurement error. It can be difficult to sity of California, San Francisco: Division of HIWAIDS Prevention, Survenlance and Epidemiciogy. Centers for lic health departments made this test detect repeat tests, and the potential ex- Disease Control and Prevention. Adams. Ga (Mr available on en anonymous as well as a ISTS for duplicate reporting Anonymous Lahman): and Department of Epidemiology. University confidential basis. In anonymous testing, testing may undermine partner notifica- of Collfornia, Barkcley (Dr Reingold). A complete list or the members of the MESH Study a unique identifier (typically a number) tion⁵ Furthermore, anonymous testing Group appears at the end of mis article. rather than a patient's name is used to eliminates the opportunity to recontact Corresponding author: Andrew B. Bindman MD. San link the specimen and the result to the persons who do not return for their test Francisco General Hospital. Bidg 90Mlard 95. TOO! patient. Anonymous teat results are not results or to assist HIV-infected persons Potrero Ave. San Franches. CA 10 10-mail: bromsn Sites.ucsf.edu). recorded in a medical chart that has 3 pa- in obtaining medical care, 1416 JAMA, Cetober 28, "998-Vol 280, No. 16 HIV Testing and Access to Medical Care-Bindman el al 1 TTO EAS ST:91 10/28/98 12/07/98 21:28 FAX AIDS Policy 012 Because studies have been small, have analysis, we calculated sampling fractions to an explicit question said that they gave performed in only 1 state, or did little with the goal of sampling equal numbers a false name were excluded from the analy- to control for differences in the character- from each stratum. Colorado, Missouri, sis. To assess the validity of our method hr istics of persons who used anonymous vs and Oregon sampled MSM and took all classifying the type of HIV test, we com- confidential testing, it has been difficult to cases in the other 3 strata; North Carolina pared the subject's report of having given draw clear conclusions about the value of sampled 8 strata and took all in the other a number or 8 name to obtain their test re anonymous HIV testing. We used data cat stratum; and Texas sampled all 4 strata sult with the Type of testing site. Assum- lected as a part of a cooperative project be Uniform rendom numbers were gener- ing that testing in a physician's office. hos- tween the University of California, Barke- sted for each new case in the 4 strata, and pital, jal or prison, or blood bank should ley. the Centers for Disease Control and new case with random number equal to have been reported as testing by name Prevention (CDC), Atlanta, Ga, and sev. or less than the sampling fraction was se (confidential testing), we found that 96.4% eral state health departments to evaluate lected for the study. of subjects tested in those settings re- anonymous HIV testing We assessed the Sampled cases were considered eli- ported they had received their results by association of the type of HIV test (anony- gible for the study if they were living in mous or confidential) with when in the name. Of those who reported that they had the state, English or Spanish speaking. received their test result by number course of the disease persons with ac- and healthy enough to consent to and (anonymous testing). only 6.4% reported quired immunodeficiency syndrome complete an interview. To avoid biasing (AIDS) (1) learned of their HIV infection testing in one of those settings. our response rate upward by delaying We limited our analysis to respondents and (2) sought HIV-related medical care the performance of the interview, pa- who first tested HIV positive in the state THODS clents who had died before the time of from which they were sampled, lived in first contact were counted in the denomi- states that offered both anonymous and The AIDS Patient Survey was con- nator of eligibles if contact bad not been confidential testing (Mississippi ex- ducted in Arizona, Colorado, Mississippi, made within 6 months of report. Public cluded), and voluntarily sought HIV test- Missouri, New Mexico, North Carolina, Or- health surveillance personnel in each ing as opposed to being required to obtain egon, and Texas. Because nearly all HIV- state developed procedures for contact- a test because of regulations associated infected persons are thought to progress ing and interviewing potential subjects. with prisons, drug Traatment programs, the to AIDS eventually and because AIDS All procedures were monitored by the military. insurance plans, or blood banks. eillance is estimated to be 80% to 96% niversity of California and CDC to en- Thus, subjects were considered volum- complete,⁶ reported AIDS cases provide sure uniform methods across the states. teers for testing if they, in response to a a population-based sample of the experi- Surveillance personnel completed an checklist of questions, reported that their ence of HIV-infected persons that can pa outcome report form for each sampled reason for testing was (1) they felt sick and tenually avoid blases that may be pres- case. which indicated the consent pro- wanted to find out whether they had HIV. ent in venue-based samples. cass and the final outcome. Subjects (2) they thought they might have HTV even In each state we sought to interview, were interviewed in either Spanish or if they did not feel sick, (S) someone told after obtaining consent, all persons who English The instrument was translated them that they should get tested. or (4) were described as having newly diag- into Spanish and then back-translated to someone from the health department told nosed AIDS in a 1-year period or a prob- English before B final Spanish version them that they had had contact with an in- ability sample of new cases, depending on was produced. Interviewers and super- fested sex or needle-sharing partner. the projected incidence of new AIDS di- visors from the state health depart- In comparing the characteristics of per- agnoses in the state. The sampling frame ments were trained in joint training 965- sons tested anonymously persons tested was persons newly diagnosed as having sions in conducting X standard interview. confidentially. we tested differences in the AIDS reported to the state health depart- States used between 1 and 4 interview- proportions by using the * statistic. We ment through the HIV/AIDS Peporting ers to administer the survey and all examined the association of anonymous System (HARS) from May 1995 through study sites were visited at least once by and confidential testing with several in- December 1996, who were alive at time of University of California and CDC inves- tervuls: time from HIV-positive test re- report, who were at least 18 years old, and tigators to assess the consistency of their sult to AIDS and this interval's subeom- whose AIDS diagnosis had been made technique. All completed interviews and ponents: (1) time of HIV-positive test within 12 months of the date of their re- outcome report forms were stripped of result to first HIV-related medical care and port to the health department. personal identifiers, copied, and mailed (2) time from first HIV-related medical An expected number of persons with to the University of California for data care to AIDS We used the date of AIDS newly diagnosed AIDS was estimated entry and conversion into electronic Sta- diagnosis to anchor comparisons of the from the number reported from the pre- tistical Analysis System (SAS Institute HIV-positive test result date and the HIV- vious year who met the sampling frame Inc, Cary, NC) files for analysis. related medical care date, Date of first criteria. In states with an expected incl- We compared the characteristics of re- HIV-positive test result and date of first dence of fewer than 500 cases, all new spondents who were tested anonymously medical care for HIV infection were self- cases were sampled (Arizona, Mississippi, with those who were tested confidentially reported as a month and a year. Time in- and New Mexico). In the remaining and examined whether the type of HIV test tervals used in analysis were constructed states, a probability sample was stratified was associated with when in the course of from these dates and the date of AIDS di- by 4 HIV mode-of-exposure groups based the disease a subject sought HIV testing agnosis as reported to HARS. We com- on reported behavioral information in and HIV-related medical care. Date of pared the mean time intervals among HIV HARS: (1) men who have sex with men AIDS diagnosis was extracted from the testing. HIV-related medical care, and (MSM), including those with a reported state HARS databases and combined with AIDS diagnosis for persons tested anony- history of injection drug use; (2) hetero- the interview data for analysis. Type of mously and persons tested confiden- sexual injection drug users; (3) cases re- HIV testing was classified as anunymous tially. Time intervals that included an ported with no identified risk; and (4) all or confidential depending on whether the AIDS diagnosis were also stratified by other modes of exposure (heterosexual subject reported giving a number (anony- whether the diagnosis was based on an of contact, transfusion, hemophilia). To get mous) OF a name (confidential) to get the portunistic infection or a CD4 cell count adequate numbers in each stratum for HIV test result Subjects who in response of less than 0.20 X 10%L (200/pL). IAMA. Detober 28. 1998-Val 280. No. 16 HIV Testing and Access to Medical Care-Bindman et al 1417 012 10/28/98 WED 15:17 FAX 12/07/98 21:29 FAX AIDS Policy 013 Table 1.-Cheractaristics al Persons Voluntarily Tested for Human Virus (HIV) HM+ First Care AIDS on Anonymous Confidential P Characteristics 152) (ne 643) value 187 531 Age. mean, y 36 38 <001 Male. % 86 " 33 Confidential (n=643) 718 Race/ginnicity, % Alrican American " R Mean First CD4* Cell Count= 109/L Hispanic 17 14 .001 328" Other 6 3 919t Wille 12 $ Anonymous HIV exposure greup- % (n=192) 1246t Men who have sex with men 78 58 Mean First CD4* Cell Count=0, X Injection drug user B 13 Blood product , 4 001 Figure 1.-Mean time in days to that human immu- Health worker 1 a nodeficiency virus (HIV)-related care and acquired Meteresexum 4 " immunodeficiency syndrome (AIDS) diagnosis by Unknoten 8 12 ananymours and confidential testing. Asterisk indi- cates P<.01 for confidential VE anonymous testing; Education. mean. y 13.1 127 .03 dagger, P<001 for confidential us andrymous Monthly income. mean. $ 1390 1450 A1 testing: HIV+. date of knowledge of HIV-positive Insurance. % Status; first care. date of fires HIV-related medical Privaterolher 6B $ care; and AIDS Dr. date of AIDS diagnosis. .08 Medicaie 4 g None 17 42 source of care before their first HIV-pos- Regular source of care before HIV-positive last result, % 23 51 001 itive test result and to have had HIV-re- Symptoms an time of H/V-positive lost result, % 50 70 DOT lated symptoms at the time they received the test. however, half of the persons tested We compared subjects on the basis of into analyses by using log transforma- anonymously were also symptomatic. whether they had ymptoms of weight loss tions of the time intervals and CD4- cell Persons tented anonymously present- without diating, fevers, heavy night SWeats, counts These analyses did not apprecia- ed earlier in the course of HIV disease for diarrhea. oral thrush, frequent vaginal bly alter the significance of the results per- testing and care than did persons tested yeast infections, memory problems, taining to anonymous VS confidential test- confidentially. The mean time from learn- shingles, preumania, Kaposi sarcoma, lym- ing; therefore, for the purposes of ing they were HIV positive to the diag- phoma, meningitis. or tuberculosis at the oviding measures of effect that are eas- nosis of AIDS was almost a year and a half time they learned they had HIV- Sub- fly interpreted we have chosen to display longer (529 days) for those tested anony- jects who said yes to any of these condi- the results based on the nontransformed mously than for those tested confiden- tions were considered imptomatic at the mean time intervals and GD4 cell counts. tially (Figure 1). The mean time was 1246 time of the first HIV-positive test result. The study was approved by institu- days for persons tested anonymously and To estimate HIV disease severity at the tional review boards at the University of 718 days for persons tested confidentially. time of first HIV-related medical care. we California the individual states that re- Most of this difference was in the length of compared the mean self-reported first quired review, and review boards at local time in HIV-related medical care. Per- CD4- cell counts of persons tested anony- institutions as required within some states. sons tested anonymously received an av- mously and persons tested confidentially. erage of 387 more days in HIV-relared To estimate the quality of HIV-related RESULTS medical care before an AIDS diagnosis medical care for persons tested anony- In the 8 participating states. 3821 AIDS than did persons tested confidentially. mously and persons tasted confidentially, cases were sampled from May 1995 through Comparisons of the median dmes from subjects were asked to report whether December 1996; of those, 2801 met eligi- knowledge ofbeing HIV positive to AIDS their HIV-related medical care had ever billey criteria. Overall, 1913 (68.8%) of 2801 were even greater berween persons included tuberculin skin testing, taking eligible AIDS cases were interviewed in tested anonymously and persons tested zidavudine for at least 1 day, and taking the AIDS Patient Survey. We excluded confidentially. The median time was 929 urinmsthoprinm-sulfamethoxazole (Septra, 1078 respondente from the analysis be- days among persons tested anonymously Bactrim, Cotrim) or aerosolized pentami- cause they initially tested HIV positive in and 90 days among persons tested confi- dine as a measure of Pneumocystis cari- a different state from the one in which they dentially. An additional indicator that nii pneumonia (PCP) prophylaxis were sampled (363). they were from a state persons tested anonymously came earlier To isolate the independent contribu- than did not have anonymous testing (262), for testing and medical care than did per- tion of the type of testing on the time in- their reason for testing was not voluntary sons tested confidentially was the signifi- tervals and the first CD4 cell count, we (247), they provided EL false name at a con- cantly higher first CD4- cell count (0.427 performed multivariate linear regression fidential testing site (55), of they did not X 10% vs 0.267 X 10%L) despite the analyses that controlled for differences in have complete data for all the variables longer unadjusted interval between the the characteristics of persons tested anony- used in the analysis (151). Of the remain- HTV-positive result and medical care. mously vs confidentially. Marginal differ- ing 835 subjects, 192 (23%) reported that To isolate the independent contribu- ences across states were controlled for us- their first positive test result had been from tion of the type of HIV test on the timing ing a state of residence indicator in the an anonymous rest (Table 1). Persons of testing and medical care, we adjusted multivariate analyses. Means from multi- tested anony mously tended to be younger, our results to account for differences in the variate analyses are the estimated least white, slightly more educated than per- characteristics of persons who sought squares means from linear models. Be- SONE tested confidentially, and more likely type of test. In the multivariate analysis, cause the distributions of time intervals at risk for HIV because they were MSM several characteristics were associated and CD4 cell counts were akewed by some Persons tested confidentially were signifi- with the length of time between a per- higher values, we repeated our multiver- cantly more likely to have had a regular son's learning of B positive HIV test re- 1418 JAMA, October 28, 1998-Vol 280, No. 16 HIV Testing and Access to Medical Care-Bindman at a) OTO 10/28/98 WED 15:18 FAX 12/07/98 21:29 FAX AIDS Policy 014 Table 2-Multivariate Predictors of Number of Days Between Knowledge of Boing Human Immunodefr Virus (HIV) Positive and Acquired Immunedeficiency Syndrome HIV+ RKSI Care AIDS R Characteristics Mo. of Days (35% CI) P Value" 202 541 Ago. y 1 (-7 E 9) 78 Male -183 (408 10 4) .11 Confidential Race/einnicity 543) 743 African American 49 (-234 to 137) G. Mean First CD4+ Cell Hispanic -121 (-332 la 57) 25 Other 65 (-286 to 418) 262 72 762* White Referent Ananymous HIV exposure group (n=192) 1014" Men -no have Bex with men 406 (198 TO 813) <001 Mean First CD4T Cell Count = 103/L Injection drug user 349 (Tos to 591) .005 Other Referent (...) Education , 29 (-4 to 61) Figure 2.-ACjusted mean time in days to first human D8 Monthly Income. $ immunodeficiancy virus (HIV)-felated care and ac- -53 (-130 to 23) .17 quired Immunodaticiency syndrome (AIDS) diagnosis Insurance by anonymous and confidential testing. Values are Private/other 112 (-52 to 275) .18 least squares means from a linear regression madel Medicals 44 (-222 to 311) 74 and are adjusted for age. sex, raca/ethnicity. educa None tion, income. insurance status. HIV rigk group. regular Referent (..) Source of Care al the time of resting. symptoms WI time Requisr source of care before HIV-positive TRST result -21 (-173 to 130) .78 el HIV-positive test result, and state residence. Aster- Symplams at time of H/V-posidve lest result -212 (-953 to -675 <,001 Lsk indicates P<001 for confidential YE anonymous Anonymous test 272 (101 to 443) .002 testing: HIV+, date of knowledge of Htw-pasitive sta- as: first care, date of first Hiv-related medical care: "A" . 0.24 (including an indicator for respondent's artie residence). and AIDS DL date of AIDS diagnosis date. TEMPORS indicate data not applicable. ord To the extent that persons are mis- sult and receiving an AIDS diagnosis- medical care before ALDS diagnosis from classified by type of testing, this would Among HIV exposure groups, MSM and z1 to 230 days. tend to make the 2 testing groups look injection drug users had a significantly Comparisons of tuberculin skin testing more similar. Acknowledging that there longer period of knowing they were HIV and the DEC of zidovadine and PCP pro- is also likely to be some error in the self- positive before their AIDS diagnosis phylaxis suggest that care was similar for reported first CD4- cell count and dates of (Table 2). The strongest predictor of the the 2 testing groups. Ninety-one percent HIV testing and HIV-related care, we do length of time between knowledge of HIV of persons tested anonymously vg 89% of not have any reasons to suspect that this positivity and AIDS was having symp- persons tested confidentially reported that reporting is bissed by the type of HIV toms at the time of the HIV-positive test they had received tubarculin skin testing test a person received result Having symptoms at the time of the during the course of their HIV-related Anonymous testing was not available HIV-positive test result decreased the medical care. Ninety-eight percent of per- in all the study states in the early years of length of time between knowledge of be sons tested anonymously vs 95% of per- HIV testing. However, since all the re- ing HTV positive and AIDS by 819 days. suns tested confidentially were offered spondents were diagnosed as having After adjustment for the subject's age. dovudine, and 73% in each testing group AIDS within the same year, there is a bias sex, race/ethnicity, education, income. in- had been given PCP prophylasis. None of toward a positive association between surance status, HIV exposure group. if these testing or treatment differences confidencial testing and the longest inter- the respondent had 2 regular source of were significant between the 2 groups. vals between knowledge of being HIV care or symptoms at the time of the HIV- positive Lest result, and the state of resi- COMMENT positive and AIDS. When we limited our sample to more recen years in which both ce, anonymous testing remained sig- In this multistate study, we found that anonymous and confidential testing were nificantly associated with earlier medical anonymous testing was sought by ap- available, we find a proportionally even care Figure 2). Although the difference proximately a quarter of HIV-positive greater difference between persons in the number of days between the posi- persons who had been tested voluntarily tested anonymously and persons tested tive test result and first medical care was before an AIDS diagnosis. Anonymous confidentially in the length of time be no longer significant ween the 2 testing for HIV Infaction was associated tween knowledge of being HTV positive groups, the length of time in medical care with testing and medical care. Ae B. and AIDS diagnosis (data not shown). before AIDS was almost 8 months longer result of this earlier testing and care, per A question can be raised whether the (221 days) for persons tested anony- sons tested anonymously received the pc. benefit we observed for anonymous test- mously compared with persons tested tential benefits of a significantly longer ing is Hbutable to the availability of this confidentially. The mean adjusted first period of HIV-related medical care com- type of testing or to characteristics of per- CD4 cell count was also 0,092 X 10%/L pared with persons tested confidentially. sons tested anonymously that make them higher for persons tested anonymously Although the determination of the type seek earlier testing and care. For ex- 1 for persons tested confidentially. of HIV test, CD4 cell counts, and the in- ample, among HIV exposure groups, MSM Persons tested confidentially were more tervals between HIV testing, medical are more likely to seek anonymous test- likely than those tested anonymously (354 care, and AIDS are in large part depen- ing. From & policy perspective the ques- vs 16%) to have an AIDS diagnosis based dent on self-repart. we suspect that the tion is whether same persons who seek on an opportunistic infection rather than importance of this information for our re early HIV testing at anonymous sites on a CD4- cell count of less than 0.20 X spondents makes it reasonably likely that would do 50 at confidential sites if anony- 10°/L. Accounting for this difference in their reporting was accurate Cunning- mous testing sites were eliminated." We how AIDS was disgnosed in the 2 testing ham et al' found that self-reported CD4- cannot rule out the possibility that there groups further expands the adjusted dif- cell counts were accurate when compared same persons would have sought early ference in the duration of HIV-related with values recorded in the medical rec- testing and care even if undrymous test- JAMA. October 28, 1998-Vel 280. No. 16 HIV Testing and Access to Medical Care-Bindman al al 1419 011 10/28/98 WED 15:19 FAX 12/07/98 21:29 FAX AIDS Policy 015 ing were not available However, we de We found that after controlling for reporting policies. the opportunity to dr. signed our enalysis to isolate the indepen- whether persons had IV-related symp- comvent surveillance strategies by using dent contribution of type of HIV testing TOTES at the time they received a positive a false name at confidential testing sites, to our outcome measures. To avoid a po HIV test result eliminated the signifi- and the availability of anonymous home tentially biased comparison of persons who cant difference between persons rested HIV testing kits We were able to adjust voluntarily sought testing at either anony. anonymously and persons tesced confi- formany, but not all, these factors. None- mous or confidential testing sites with dentially in the length of their delay be- theless, we believe that our atudy pro- those who were required to be tested in tween learning they were HIV positive vides the strongest evidence to date that confidential settings, we limited our analy- and getting HIV-related medical care. anonymous testing contributes at a popu- sis to those whose reasons for testing sug- However, we were surprised that nei- lation to early HIV testing and gested that the action was voluntary. To ther health insurance nor having a regu- al care Thus, to achieve the public health avoid a bias toward confidential testing lar source of care-2 traditional mea- goal of providing early access to HIV among sicker persons who sought medi- sures of access-was associated with early ing and HTV-related medical care, public cal care, included symptoms at the time HIV testing or IIV-related medical care. health departments should maintain and of HIV testing in OUR adjusted analysis. Of This finding suggests that either physi- in some instances enhance the broad avail- the persons tested anonymously, 50% Te cians are not sufficiently identifying their ability of anonymous testing options. ported that they were symptomatic, sug- high-risk patients and encouraging them Support For this project was provided by the CDC gesting that even sick persons were mak- to be tested early or that patients who THHS 282-92-0048). ing testing choices. We also controlled for have insurance or a regular source of care The MESH Situdy Group compriss John Ward, a wide variety of other characteristics that are reluctant to pursue HIV testing at any MD. MP and Patricia Fleming, PhD. CDC, Arianta. entiated persons tested anony- greater rate than is found among all at- Ga: Denise K Boyd, MS, MPH and Violica Berisha mously and those tested confidentially and MD, MPH, Arizona Public Health Department Phoe- risk individuals- nix; Kenneth Gershman, MD. MPH. and Melunie still found that anonymous testing was in- WE found. as other reports have sug- Mattson Colorado Public Health Department Den- dependently associated with a substan- gested, that black and Hispanic persons ver, John Nowman and Craig Thompson, Mississippi rially higher first CD4 cell count and a tended to have fewer days ofknowing that Public Health Department. Jackson Robert Hamm. longer period of HIV-relared medical care MD. MPK. Krisdn Wendt MPH and Linda Bell, they were HIV positive before AIDS and Missouri Public Health Department Jefrerson City, before AIDS. fewer HIV-related medical CAYE days Michael Samuel, DrPH and Mark Stenver. MS, New We explored the possibility that the than whites however. the comparisons Mexico Public Health Department. Senta Fe; Steven longer duration of HIV-related medical with whites were not significant in the ad- Modesist, RN, MPH, Roger Wire PhD. and David care for persons tested anonymously could justed analyses. Flereing, MD, Orogon Public Health Department, Portland; and Ann $ Robbins. PhD. Sharon A King. be due to explanations aside from their With the development of improved MA, and Douglus Hamalrer, Taxas Public Health De- seeking medical care earlier. For ex- therapies for HIV-infected persons, the ra- partment, Austin The participants from the North ample, if persons tested anonymously tionale for anonymous testing may be wan- Carolina Public Health Department requested that their numes TUBL be included. were diagnosed as having ADS more of- ing.in In our companion study of persons ten than persons tested confidentially on at high risk for HIV, we found that in the References the basis of an opportunistic infection as 1990s the annual rate of choosing anony- 1 Hertz-Piodorce L Lee L. Hoye C. HIV Test opposed to 2 CD4⁻ cell count below mous rather than confidential testing was Ing before and after the restriction of anonymous 0.20 X 103/L. this would create a bias to 44% to 58% (mean, 48%) (A.B.B., D.O., testing in North Carolina am , Public Health 1996: 50:1446-1450. ward lengthening the duration of HIV. FMH,, et al, unpublished data, Decem- 2. Hirano D. Cellert G. Fleming K Boyd D, Bn- related medical care before an AIDS di- ber 1995-November 1996). This suggests glender S. Have H. Anonymens HIV testing. the agnosis for persons tested anonymously. that at least through 1996, anonymous test- impact of availability on demand in Arizona Are J In general, opportunistic infections occur Ing has remained a consistently impor- Public Health 1994:84:2008-2010. 3. Fehrs L, Fuster L. Fax V, Ct al. Trial of anony- later in the HIV disease course than de- tant testing option for a significant pro- mous versus confidential hursan immunodeficiancy tection of a CD4- cell count below 0.20 X portion of at-risk persons. It is also possible virus testing. Lanest 1988-952-379-382 10% Howe since more persons test- that more at-risk persons will be inter 1. Hexworth T. Modiman R. Cohn D, Davidson a ing confidentially than anonymously were ested in anonymous testing now that the Anonymous HIV teating. AIDS Public Policy, J. 1994;9:182-189. diagnosed as having AIDS on the basis of Council of State and Territorial Epidemi- 5. Kagaler W. Meriwether R. Klirnke T, Peterman I. an opportunistic infection adjusting for ologists has revised its statement on HIV Zaidi A Eliminating access to unonymous HIV anti- this bias merely increases the duration of reporting to favor name reporting and a bady testing in North Carolina 5 Acquir formune HIV-related medical care among per- growing number ofstates and Congress are Defie Syndr Hum Retrovired 6. Rosenbaurn S. Serrano R. Magar M. Starn C. Civil sons tested anonymously compared with actively considering the implementation of rights in a changing health care eystem. Health Aif confidentially. A second explanation for the HIV name-repor policies To the ex- (Mailhood). 1997;16:90-105. longer duration of HIV-related medical tent that name-reporting surveillance sys- 2 Cunningham W. Rana H, Shapiro M. Hars R Re care for persons tested anonymously is that terms create & barrier to HIV testing for liability and validity of self-report CD4- collnts in per Sons hospitalized with HIV disease. J Clin Epide they were receiving better-quality medi- some persons, anonymous testing might miol 1997,60,629-885. cal care than were persons tested confi- serve BE a "Bafety valve" for those who fear a. Kegales S. Catania J, Coates T. Pollack L to B. dentially- However, comparisons be- that confidential surveillance systems can- Many people who seek undaymous (Ventibudy tween persons tested anonymously and not adequately protect their privacy. testing would avoid le under other circumstances AIDS. 1990;4:585-588. confidentially in their receipt of several ef- Observational studies may never be able a Workey P. Che S. Diaz T. et a). HIV testing pat- fective prevention and treatment ser- to fully tease apart the contribution that terms. AIDS. vices revealed no significant differences, anonymous tesring makes to the timing of 10. Steinbrook R. Battling HIV on many fronts. Some of the individual characteristics HIV testing and to HIV-related medical N Engl J Med. 1997;237:779-781. 11 CouneD of State and Territorial Epidemiolo- associated with earlier HIV testing and are. In reality, there is a complex inter- gists National HIV Surveillance: Addition to the HIV-related medical care were expected, play among the characteristics of persons National Public Health Surveillance System. At- but others were not For example, we had st-risk for HIV, changes over time in the lanta, Gat Counell of State and Terricorial Epidemi- anticipated that persons who were symp- perceived benefit of knowing one's Se- ologister 1987. Position Statement ID-4. 12 Richardson L Progress on AIDS brings move- tomatic would seek care more quickly rostatns, the availability of anonymous ment for lars secrecy, name reporting urged New than persons who were asymptomatic. testing, the implementation of name- York Time August 21. 1997; section 1:1. 1420 JAMA, October 28. 1998-Vol 280, No. 16 HIV Testing and Access TO Medical Care-Bindman of gli STO 10/28/98 WED 15:20 FAX OF STAFF Market DEPARTMENT OF HEALTH & HUMAN SERVICES Chief of Staff HEALTH, , / Washington. D.C. 20201 FACSIMILE DEC 9 1998 DATE: TO: Todd Summers FAX#: 456.2438 FROM: Mary Beth Donahue Chief of Staff Phone: 202/690-7431 Fax: 202/401-5783 COMMENTS: Guidelines du not get published in TheFed. Regista notice. The 2-par notice of availability is published, guidelines must be obtained from CDL as directed in the FRnolice 3r Pages (including this cover] I FRNShia Billing Code: 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Draft Guidelines for HIV Case Surveillance, Including Monitoring HIV Infection and Acquired Immunodeficiency Syndrome (AIDS) AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services ACTION: Notice and Request for Comments SUMMARY: This notice announces the availability for public comment of a document entitled "Draft Guidelines for HIV Case Surveillance, Including Monitoring HIV Infection and Acquired Immunodeficiency Syndrome (AIDS)". DATES: Comments must be submitted in writing on or before [insert date 30 days after date of publication in the Federal Register]. Comments should be submitted to the Technical Information and Communications Branch (Mailstop E-49), Division of HIV/AIDS Prevention, National Center for HIV, STD, and TB Prevention, Centers for Disease Control and Prevention, Atlanta, Georgia 30333; telephone: 404-639-2072; Fax:404-639-2007. FOR FURTHER INFORMATION CONTACT: Requests for copies of the draft HIV case surveillance guidelines should be submitted to the CDC National AIDS Clearinghouse, P.O. Box 6003, Rockville, Maryland 20849-6003; telephone (800) 458-5231; or copies can be obtained from the CDC website at http://www.cdc.gov/achstp/hiv_aids/ SUPPLEMENTARY INFORMATION: From 1995 to 1996, the incidence of both deaths and opportunistic infections (OIs) due to AIDS declined in the United States for the first time in the history of the epidemic (6 percent for OIs; 23 percent for deaths) as reported in the September 19, 1997, Morbidity and Mortality Weekly Report (MMWR) (Volume 46, PP. 861-867). These COTES 2 FR declines reflect recent advances in treatment of HIV infection and the provision of care and services that have slowed the progression of AIDS for HIV-infected persons on therapy and the success of HIV prevention and education efforts that have encouraged early diagnosis and have helped to reduce the number of Americans becoming infected with HIV. In response to these changes in HIV treatment practices and new information needs of public health programs, CDC, the Council of State and Territorial Epidemiologists (CSTE), and most other public health and AIDS organizations have recommended that all States and Territories conduct HIV case surveillance in addition to AIDS surveillance. In this manner, the AIDS/HIV epidemic can be tracked more accurately, and appropriate information about HIV/AIDS can be made available to policymakers. As of July 1998, a total of 32 States were conducting HIV case surveillance using the same methods as surveillance for AIDS. Because some States (many with large numbers of AIDS cases) do not report HIV case numbers, interpretations of available HIV data are difficult. To gain more reliable information about the prevalence, incidence, and future directions of HIV infection and the impact on specific populations such as racial and ethnic minorities and women, CDC is proposing that the current surveillance system be expanded to include HIV case reporting for all States and is publishing guidelines that States can use to implement HIV surveillance. Dated: Jeffrey P. Koplan, M.D., M.P.H. Director, Centers for Disease Control and Prevention Guidelines for National HIV Case Surveillance, Including Monitoring for HIV Infection and Acquired Immunodeficiency Syndrome (AIDS) The Centers for Disease Control and Prevention (CDC) recommends that all States and Territories conduct case surveillance for human immunodeficiency virus (HIV) infection as an extension of current acquired immunodeficiency syndrome (AIDS) surveillance activities. The expansion of national surveillance to include both HIV infection and AIDS cases is a necessary response to the impact of advances in antiretroviral therapy, the implementation of new HIV treatment guidelines, and the increased need for epidemiologic data concerning persons at all stages of HIV disease. Expanded surveillance will provide additional data on HIV-infeeted populations to enhance Federal, State, and local efforts to prevent HIV transmission, improve allocation of resources for treatment services, and assist in evaluating the impact of public health interventions. CDC will provide technical assistance to all State and Territorial health departments to continue or establish HIV and AIDS case surveillance systems and to evaluate the performance of their surveillance programs. This report includes revised case definitions for HIV infection in adults and children less than 18 months of age, recommended program practices, and performance and security standards for the conduct of HIV and AIDS surveillance by State and local health departments. The revised surveillance case definitions and associated recommendations become effective INTRODUCTION AIDS surveillance has been the comerstone of national efforts to monitor the spread of HIV infection in the United States and to target HIV prevention programs and health care services. Although AIDS is the end-stage of the natural history of HIV infection, in the past, monitoring AIDS-defining conditions provided population-based data that reflected changes in HIV incidence. However, recent advances in HIV treatment have slowed the progression of HIV disease for infected persons on treatment and contributed to a decline in AIDS incidence. These advances in treatment have diminished the ability of AIDS surveillance data to represent trends in HIV incidence or to represent the impact of the epidemic on the health care system. As a consequence, the capacity of national, State, and local public health agencies to monitor the HIV epidemic has been compromised (1-3). In response to these changes and following consultations with diverse constituencies, including representatives of public health, government, and community organizations, CDC and the Council of State and Temitorial Epidemiologists (CSTE) have recommended that all States and Territories include surveillance for HIV infection as an extension of their AIDS surveillance activities (1,4). In this manner, the HIV/AIDS epidemic can be tracked more accurately and appropriate information about HIV/AIDS can be made available to policymakers. This document provides revised case definitions for HIV infection in adults and children less than 18 months of age, recommended program practices, and performance and security standards for the conduct of HIV and AIDS surveillance by State and Territorial health departments. The HIV case definitions were developed in consultation with CSTE and include the current AIDS surveillance criteria as a component of the HIV infection case definition (5). The recommended program practices and program performance and security standards are based 2 on: (1) the established practices of AIDS and other public health surveillance systems; (2) reviews of State and local surveillance programs, confidentiality statutes, and security procedures; (3) studies of the performance of surveillance systems; (4) ongoing evaluations of determinants of test-seeking or test-avoidance in relation to State policies and practices on HIV testing and reporting, and (5) discussions at a consultation held by CDC and CSTE in May 1997. A draft of this document was made available for public comment in 1998. BACKGROUND History of AIDS Surveillance Since 1981, population-based AIDS surveillance (i.e., reporting of cases and their characteristics to public health authorities for analysis) has been used to track the progression of the HIV epidemic from the initial cases of opportunistic illnesses caused by a then unknown agent in a few large cities, to the reporting of 641,086 AIDS cases nationally through 1997 (6-9). The AIDS reporting criteria have been periodically revised to incorporate new understanding of HIV disease and changes in medical practice (10-13). In the absence of effective therapy for HIV, AIDS surveillance data have reliably detected changing patterns of HIV transmission and reflected the effect of HIV prevention programs on the incidence of HIV infection and related illnesses in specific populations (14-15). Because of these attributes, AIDS surveillance data have been used as a basis for the allocation of many Federal resources for HIV treatment and care services and as the epidemiologic basis for the planning of local HIV prevention services. With the advent of more effective therapy that slows the progression of HIV disease, AIDS surveillance data no longer reliably reflect trends in HIV transmission and do not accurately represent the extent of the need for prevention and care services (16-17). In 1996, national AIDS incidence and AIDS deaths declined for the first time in the HIV epidemic (Figure 1). These declines have been primarily attributed to the early use of combination antiretroviral therapy to delay the progression to AIDS and death for persons with HIV infection (1-3). Revised HIV treatment guidelines recommend antiretroviral therapy for many HIV- infected persons in whom AIDS-defining conditions have not yet developed (18-19). In response to these changes in HIV treatment practices and the information needs of public health and other policymakers, CDC and CSTE have recommended that all States and Territories extend their AIDS case surveillance activities to also include HIV case surveillance (1, 4). Current Status of HIV Surveillance As of July 1, 1998, 32 States had implemented HIV case surveillance using the same reporting system for both HIV and AIDS cases; 3 of these States conduct pediatric surveillance only (6) (Figure 2). The 29 States that conduct integrated HIV and AIDS surveillance for adults, adolescents, and children report only about one-third of total U.S. AIDS cases. In contrast to AIDS case surveillance, HIV case surveillance can provide data to better characterize populations newly diagnosed with HIV, particularly those with evidence of recent HIV infection such as adolescents and young adults (20- to 24-year-olds) (20-21). Of the 52,690 3 HIV infections diagnosed from January 1994 through June 1997 in 25 States that conducted name-based HIV surveillance throughout this period, 14 percent were in persons aged 13:to 24 whereas of 20,215 persons diagnosed with AIDS in the same areas only 3 percent were in persons aged 13 to 24. Thus, AIDS case surveillance alone does not accurately reflect the extent of the HIV epidemic among adolescents and young adults. Compared with persons reported with AIDS, those reported with HIV infection in these 25 States were more likely to be women and from racial/ethnic minorities (22) (Table 1). HIV data also show patterns in rates of new diagnoses and HIV prevalence that are not affected by changes in treatment. For example, between June 1996 and June 1997, AIDS incidence among white men who had sex with other men (MSM) decreased more than 30 percent while the number of new HIV diagnoses among this population remained unchanged (Figure 3). In these States, as of December 1997, the number of persons (140,585) who were living with a diagnosis of HIV or AIDS was 139 percent greater than that represented by the number living with AIDS alone (6). Most of the 32 States with name-based HIV case surveillance systems report all perinatally exposed children These States have used HIV surveillance data to document a sharp decline in perinatally acquired HIV infection, an increase in the proportion of infected pregnant women who have been tested for HIV before delivery; and a high proportion of HIV-infected pregnant women who accept zidovudine therapy (23-28). These findings all have profound policy implications that would not have been as easily or quickly detected using only AIDS case surveillance. CSTE and the American Academy of Pediatrics have recommended that all States and Territories conduct pediatric HIV surveillance that includes all perinatally-exposed infants (29). Persons may choose to be tested for HIV in the following ways: (1) anonymously- where identifying information including their name and other locating information is not linked to their HIV test result or included in the surveillance system report (e.g., anonymous testing sites), and (2) confidentially-where their HIV test result is linked to identifying information such as patient and provider names (e.g., medical clinics). In States that require HIV case reporting, providers in confidential medical or testing sites are required to report HIV-infected persons to public health authorities. Not all persons infected with HIV are tested, and of those that are, testing occurs at different stages of their infection. Therefore, HIV surveillance data provide a minimum estimate of the number of infected persons and are most representative of persons who have been diagnosed with HIV infection in medical clinics and other confidential diagnostic settings. The data represent the characteristics of persons who recognize their risk and seek confidential testing, who are offered HIV testing (e.g., pregnant women, clients at sexually transmitted disease clinics), who are required to be tested (e.g., blood donors, military recruits), and who are tested because they present with symptoms of HIV-related illnesses. CDC estimates that more than two-thirds of all infected persons in the United States have been diagnosed with HIV in such settings (30). HIV surveillance data do not represent untested persons or those who seek testing at anonymous test sites or with home collection kits; such persons cannot be reported through confidential HIV surveillance systems. However, the availability of these testing venues is highly important in promoting knowlege of HIV status among at-risk populations and provides an opportunity for counseling and referrals to appropriate medical diagnosis and care. 4 Despite some limitations, HIV and AIDS case surveillance would provide a clearer picture of the HIV epidemic than AIDS case surveillance alone. Therefore, CDC and CSTE continue to recommend that HIV case surveillance be implemented as part of a comprehensive strategy to monitor the epidemic that includes HIV incidence and prevalence surveys, HIV and AIDS case surveillance, monitoring HIV-related mortality, supplemental research and evaluation studies including behavioral surveillance, and statistical estimation of incidence and prevalence of infection and disease. AIDS surveillance nationally and HIV surveillance in 32 States is conducted using the name-based methods for case ascertainment that are used by other public health information systems. A name-based approach allows providers to report cases directly from their name-based medical records, facilitates elimination of duplicate case reports, enables cross-matching of HIV and AIDS data with other name-based public health data (e.g., tuberculosis surveillance) and permits follow-up with providers to collect HIV risk information and other data of public health importance. Through follow-up with providers, the AIDS surveillance system has provided an effective means to identify rare or unusual modes of HIV transmission and infection with rare strains of HIV and to improve the prevention of AIDS-related opportunistic illnesses (31-35). Concerns Regarding HIV Surveillance Since 1985, many States have implemented HIV case surveillance as part of their comprehensive surveillance programs. The implementation of the 1993 expanded AIDS surveillance case definition prompted discussions of the rationale and need for data representing HIV-infected persons who did not meet the AIDS-defining criteria Because many States considered implementing HIV reporting, in 1993, CDC held a consultation with public health and community representatives to discuss issues and concerns regarding HIV surveillance. Community representatives' main concerns were that the security and confidentiality standards of surveillance programs may not be sufficient to prevent disclosures of information, and that many persons at risk for HIV infection may delay seeking HIV counseling and testing because of these confidentiality concerns. The consensus of the consultants was that there were few, if any, published studies of sufficient scientific quality to provide objective answers to these concerns. Therefore, the consultants identified several areas that required additional research and policy development before CDC and CSTE should consider recommending further expansion of HIV surveillance efforts. These areas included: (1) the impact of reporting policies on testing practices, including the decreased availability of anonymous testing in some States; (2) the role of surveillance data in linking reported persons to prevention and care programs; (3) the development of recommended uses and standards for the confidentiality of publicly held HIV and AIDS surveillance data; and (4) determining whether alternatives to reporting of patient names would reduce confidentiality risks while meeting the needs for surveillance data. In response to the consultants' recommendations, CDC initiated several research projects to: or START 5 (1) assess the effect of name-based HIV surveillance on persons' willingness to seek HIV testing and care; (2) evaluate the performance of non-name-based surveillance systems; and (3) review program practices and legal requirements for the security and confidentiality of State and local HIV/AIDS surveillance data. Findings from these projects and expert advice from participants at numerous technical meetings and consultations held during the intervening period have guided the formulation of the policies and practices recommended in this document. The interim findings from these projects are summarized in the following three sections: HIV Surveillance and Testing Behavior To determine the effect of changes in reporting policies on actual testing behaviors among persons seeking testing at publicly funded HIV counseling and testing sites, CDC and six State health departments reviewed data routinely collected from these sites to compare HIV testing patterns in the 12 months before and the 12 months after the implementation of HIV case surveillance (36). In these areas, the number of HIV tests increased in four States and decreased in two States; however, these declines were not statistically significant (Figure 4). Thus, these data do not suggest that in these States the policy of expanding HIV case surveillance adversely affected test-seeking behaviors overall, although some variability in testing trends was observed among racial/ethnic subgroups and HIV-risk exposure categories. CDC recognizes that careful attention to providing accurate public education, factual mass media messages, and special efforts to inform vulnerable populations will be important to ensure that adverse outcomes do not occur in States that implement HIV case surveillance based on these Guidelines. In addition, CDC is supporting ongoing studies by researchers at the University of California at San Francisco (UCSF) and participating State health departments to continue to identify the most important determinants of test-seeking or test-avoidance among high-risk populations and to assess the impact of changes in HIV testing and reporting policies. Efforts to expand such studies to all States will assist them in more effectively monitoring the impact of changing medical interventions, epidemiology, and HIV case surveillance policies on test- and care-seeking behaviors. Data from surveys in selected States of high-risk persons about their perceptions and knowledge of HIV testing and HIV reporting practices found that few respondents had knowledge of the HIV reporting policy in their State (37-38). In these settings, respondents reported high levels of testing, with approximately three-fourths reporting that they,have had an HIV test. The most commonly reported factors that contributed to delays in seeking testing or not getting tested were fear of being diagnosed as having HIV or belief that they were not at risk for HIV infection, factors reported by nearly half of respondents. Less than 20 percent responded that "reporting to the government' was a concern that may have delayed their seeking HIV testing, 2 percent of the respondents indicated that this was their main concern Among different risk groups, the level of concern about name-based reporting of HIV infections to the health department as a concern or as the main reason for delaying or avoiding HIV testing varied slightly. CDC will continue to assist States to evaluate the impact of policy changes on HIV testing patterns and HIV/AIDS surveillance data. 6 Surveys of persons reported with AIDS found that persons who recognized their HIV risk and sought testing at anonymous testing sites entered care at a significantly earlier stage of HIV disease than persons who were only tested in confidential testing settings including those who were first tested when they became ill (39). This study emphasizes the importance of anonymous testing options in promoting knowledge of HIV status and in accessing care in a timely way. HIV Surveillance Based on Non-name Unique Identifiers To assess the feasibility of using alternatives to name-based methods for HIV surveillance, several States implemented reporting of HIV cases or CD4 laboratory results using a variety of numeric codes. Other States considered or tried to conduct case surveillance without name- identifiers by using codes that were designed for non-surveillance purposes, e.g., codes that were intended for use in tracking patients in case management systems (40). CDC convened a meeting in May 1995 at which these States identified operational, technical, and scientific challenges in conducting surveillance using non-name codes. In addition, CDC supported research to evaluate the performance of a coded unique identifier (UI) in two States that implemented a non-name- based HIV case reporting system while maintaining name-based surveillance methods for AIDS (41). The evaluations conducted by these States from 1994 to 1996 indicated that social security number-based UI HIV surveillance systems were limited by the ability of providers to complete and forward UI-based reports, resulting in incomplete reporting. The evaluations were also unable to demonstrate that duplicate case reports could be reliably eliminated. For the follow-up of UI-based cases to collect risk and other epidemiologic data, providers maintained logs or other forms of documentation linking the UI to the name-based medical records. The willingness of health care providers to accept the additional disease reporting burden of constructing UI codes, maintaining logs, and adopting the level of security necessary to reduce the potential for a breach of confidentiality from such logs, are important considerations in assessing the utility and acceptability of UI HIV case surveillance systems. Of the two States that currently conduct HIV case surveillance using unique identifier codes, one has elected to continue to develop its UI HIV case surveillance system; the other is seeking to discontinue the use of UI codes and to amend its regulations to begin name-based reporting of HIV infected persons. Confidentiality of HIV Surveillance Data In 1994, CDC and CSTE sponsored a review of State confidentiality laws that protect HIV surveillance data (42). All States and many localities have legal safeguards of confidentiality of government-held health data, and these laws were found to provide greater protection than laws protecting the confidentiality of health information held by private health care providers in clinical records. Most States have specific statutory protections for public health data related to HIV and other sexually transmitted diseases. However, State legal protections vary widely, and CDC is promoting efforts to enhance and standardize privacy protections for public health data, including HIV/AIDS surveillance data. 7 CDC has also reviewed State and local security policies and procedures. Since 1981, States have conducted AIDS surveillance, and few breaches of security have resulted in the unauthorized release of data (43). Because HIV-infected persons are reported earlier in their disease course than persons with AIDS and many such persons are remaining AIDS-free for longer periods as a result of treatment advances, information about them may be maintained by public health surveillance databases for longer periods. This has caused increased concerns about confidentiality of surveillance data among public health and community groups. Therefore, CDC has issued technical guidance for security procedures that include enhanced confidentiality and security safeguards as evaluation criteria for Federal funding of State HIV/AIDS surveillance activities (44), The receipt of Federal surveillance funding is dependent on the recipient's ability to ensure the physical security and the confidentiality of case reports. At the Federal level, HIV/AIDS surveillance data are protected by several Federal statutes, and privacy is also ensured by the removal of names and the encryption of data transmitted to CDC. Based on the importance of maintaining the confidentiality of persons who are diagnosed as HIV-infected by public and private health care providers, CDC is recommending additional practices to enhance the security and confidentiality of HIV and AIDS surveillance data. HIV AND AIDS SURVEILLANCE GUIDELINES HIV/AIDS Surveillance Case Definitions for Children and Adults CDC, in collaboration with CSTE, has established new HIV case definitions for adults and children less than 18 months of age that include revised surveillance criteria for HIV infection and incorporate the surveillance criteria for AIDS (10,13,45) (Appendix). HIV and AIDS surveillance reports forwarded to CDC should be based on these surveillance criteria. The HIV and AIDS surveillance case definitions for adults, adolescents, and children greater than or equal to 18 months of age include laboratory and clinical evidence specifically indicative of HIV infection and severe HIV disease (AIDS). The HIV surveillance case definition for children less than 18 months of age updates the definition in the 1994 revised classification system based on recent data on the sensitivity and the specificity of HIV diagnostic tests and clinical guidelines for Pneumocystis carinii pneumonia (PCP) prophylaxis for children (13, 46-55) and for the use of antiretroviral agents for pediatric HIV infection (56) This definition will apply to children less than 18 months of age, except for those who acquired HIV infection through modes of transmission other than perinatal transmission (e.g., blood/blood product recipients). The revised surveillance case definitions for adults and children less than 18 months of age will become effective HIV and AIDS Case Surveillance Practices The following recommended practices update previous recommendations for State and local HIV reporting systems and are revisions to the CDC Guidelines for HIVIAIDS Surveillance released in April 1996 as a technical guide for State and local HIV and AIDS surveillance programs (20, 44). 8 Recommended Surveillance Practices All State and local programs should collect a standard set of surveillance data for all cases that meet the reporting criteria for HIV infection and AIDS. The standard data set includes the (1) patient identifier, (2) earliest date of diagnosis for HIV infection, (3) earliest date of diagnosis of an AIDS-defining condition, (4) demographic information (date of birth, race/ethnicity, sex) and residence (city, State) at diagnosis of HIV and AIDS, (5) HIV risk exposure, (6) facility of diagnosis, and (7) date of death and state of residence at death In addition to this information, the date of HIV diagnostic testing and the résults of these tests should be collected for all infants with perinatal exposures to HIV. To address specific public health information needs, local surveillance programs may cross-match HIV and AIDS surveillance data with other public health data, such as for tubérculosis, and collect supplemental surveillance data on all or a representative sample of cases. CDC will provide technical assistance and standardized surveillance methods to assist in the collection of supplemental surveillance information Surveillance information, without patient identifiers, should be encrypted and forwarded to CDC through the HIV/AIDS Reporting System, as is current practice. Published evaluations of non-name based HIV surveillance in two States (41) together with results of meetings and consultations with States that have considered or used non- name identifiers have highlighted operational difficulties with these systems. Based on published evaluations CDC has concluded that name-based HIV/AIDS surveillance systems are the most likely to meet the necessary performance standards (22, 57-61) as well as to serve the purposes for which surveillance data are required. Therefore, CDC advises that State and local surveillance programs use the same name-based approach for HIV surveillance as is currently used for AIDS surveillance nationwide. However, CDC recognizes that some States have adopted, and others may elect to adopt, non-name case identifiers for the public health reporting of HIV infection. CDC will provide technical assistance to all State and local areas to continue or establish HIV and AIDS surveillance systems and to evaluate their surveillance programs regardless of whether they use name or non-name based identifiers. HIV and AIDS surveillance should be used to identify rare or previously unrecognized modes of HIV transmission, unusual clinical or virologic manifestations, and other cases of public health importance. CDC will provide technical assistance to State and local health departments conducting such investigations and will revise public health recommendations based on the findings, as appropriate. HIV and AIDS case surveillance efforts should be directed toward the collection of data from all private and public sources of HIV-related testing and care services. Laboratory- initiated surveillance methods should be used to collect information for cases that meet the laboratory reporting criteria for HIV infection and AIDS. Statistics regarding persons who are tested anonymously should not be reported through the HIV/AIDS Reporting System These test results are reported anonymously to the HIV Counseling and Testing database. HIV-infected persons who are initially tested anonymously are only eligible to be reported to HIV/AIDS surveillance after they have been diagnosed by a health care 9 provider and have test results or clinical conditions that meet the HIV and AIDS reporting criteria. All State and local surveillance programs should regularly publish, in print or electronically, aggregated HIV and AIDS surveillance data in a format that facilitates the use of these data by Federal, State, and local public health agencies; HIV Prevention Community Planning groups; academic institutions; providers and institutions that have reported cases; community-based organizations; and the general public. The presentation of surveillance data should be consistent with established policies for data release that preclude the direct or indirect identification of a person with HIV or AIDS. All State and local surveillance programs should conduct regular, ongoing assessments of the performance of the surveillance system and redirect efforts and resources to ensure timely reporting of complete, representative, and accurate data. CDC will provide technical assistance and standardized evaluation methods to assist States in achieving the highest possible level of performance. Performance Standards For the provision of accurate and timely data to monitor HIV and AIDS trends and to ensure a reliable measure of the number of persons in need of HIV-related prevention and care services, State and local HIV/AIDS surveillance systems must use reporting methods that provide complete (≥85 percent) and timely (≥66 percent of cases reported within 6 months of diagnosis) case reporting and unduplicated (SS percent duplicate case reports) surveillance data At least 85 percent of cases, or a representative sample, should have HIV risk information after epidemiologic follow-up is completed. All HIV and AIDS surveillance systems should collect the recommended standard data in a reliable and valid manner, allow matching to other public health databases (for example, death registries) to benefit specific public health goals, and allow identification and follow-up of individual cases of public health importance. To assess the quality of HIV and AIDS case surveillance as specified in the performance standards, States and local surveillance programs must conduct periodic evaluations that include the use of at least one appropriate population-based data source (e.g., National Death Index) that is not used for routine case-finding. Program evaluations should also measure the potential impact of HIV surveillance on test-seeking patterns and behaviors and review the extent to which surveillance data are being used for planning, targeting, and evaluating HIV prevention programs and services. The goal of these performance evaluations is to enhance the quality and usefulness of surveillance data for public health action. During the next several years, CDC will assist States in transitioning from an AIDS-only surveillance program to an integrated HIV and AIDS surveillance system CDC will assist States conducting HIV and AIDS surveillance to evaluate current performance levels, institute revised program operations and policies as necessary, and then reassess performance. CDC will evaluate and award proposals for Federal funding of State and local surveillance programs based on their capacity to meet these performance 10 standards following this transition period. At that time, CDC will require that States adopt surveillance methods that will enable them to achieve the standards. Recommended Security and Confidentiality Practices State and local programs should have a description of their security policies and procedures available for external review. CDC will require that State and local areas include their security policy in applications for Federal surveillance funds. For optimal security, data should be maintained on a single electronic HIV and AIDS surveillance registry. In accordance with local laws, other files such as paper and electronic (except for a backup for the central system) that contain personal identifying information should be eliminated. All States should continue the established practice of not including personal identifying information in the HIV and AIDS surveillance data forwarded to CDC. State and local health departments should review their data retention policies. Policies should provide the flexibility to remove cases that were reported in eΓΓoΓ. State and local programs should also consider removing the names from surveillance records that no longer serve a public health purpose and to identify these cases through other means such as the use of the alpha-numeric code scheme currently used in HIV and AIDS surveillance, date of birth, and other data routinely collected in case reports. State and local health departments should also review their confidentiality statutes to determine whether additional protections should be put in place before the implementation of HIV case surveillance. State and local confidentiality laws should include: (1) the objectives of the collection of personal identifying information; (2) the public health officials who have access to surveillance information and the justification for this access; (3) the procedures, including time frame, for expunging personal identifiable information when no longer needed for the stated purposes; (4) the safeguards against disclosing HIV and AIDS case surveillance data through subpoena or court order, and (5) the significant civil or criminal penalties for breaches of confidentiality. The confidentiality laws should protect surveillance data that are transmitted (in a secure and confidential manner consistent with CDC's HIV/AIDS surveillance program requirements) to other public health programs as part of evaluation studies or for follow up of cases of special public health importance. The penalties under law for violation of privacy and security should apply to all recipients of HIV and AIDS case surveillance information. Security and Confidentiality Standards The security and confidentiality policies and procedures of State and local surveillance programs should be consistent with CDC standards for surveillance programs. The following standards must be met as a condition of Federal HIV and AIDS surveillance funding: CDC requires that electronic HIV/AIDS surveillance data be protected by computer encryption during data transfer. Paper or unencrypted electronic case reports forwarded 11 by providers should be used by surveillance staff to update the central surveillance registry and then should be destroyed. CDC requires that HIV and AIDS surveillance records be located in a physically secured area to limit and control access to surveillance records and that they be protected by coded passwords and computer encryption. To further enhance security and confidentiality of the data, States may elect to implement the use of a double-key encryption and decryption system, in which identifying information encrypted by the States using the first key can only be decrypted for access using the second key. CDC is developing this option to assist States to reassure HIV-infected persons that HIV and AIDS surveillance data will be held confidentially and will only be used for public health purposes. CDC will hold the second key under an Assurance of Confidentiality under Section 308(d) of the Public Health Service Act. Under this Assurance, the second CDC-held key would preclude States from accessing or releasing the HIV/AIDS surveillance data for non-public-health purposes. CDC requires that access to the HIV/AIDS surveillance registry be restricted to a minimum number of authorized surveillance staff who have been trained in confidentiality procedures and who are aware of penalties for unauthorized disclosure of surveillance information. The State Health Officer or other designated authorizing official should specify the persons who have access to confidential HIV/AIDS surveillance data and the duties to be conducted. Audit systems should be established to monitor access to and use of surveillance data. If State and local health departments develop data bases from the cross-matching of HIV/AIDS surveillance data with other surveillance data, HIV and AIDS surveillance records must not be used if the cross-matched data bases do not have equivalent security and confidentiality protections and penalties for unauthorized disclosure as those for the HIV and AIDS surveillance data. Such cross-matched data bases should use the minimum amount of surveillance data necessary to accomplish the specific public health activity. The use of HIV and AIDS surveillance data for research purposes must be approved by appropriate institutional review boards, and researchers should sign confidentiality statements. HIV and AIDS surveillance data made available for epidemiologic analyses must not include names or other identifying information State and local data release policies should ensure that the release of data for statistical purposes does not result in the direct or indirect identification of persons reported with HIV and AIDS. If.a breach of confidentiality occurs, State and local health departments should impose personnel sanctions and criminal penalties as appropriate. State and local health departments must investigate potential breaches of confidentiality, and impose personnel sanctions and criminal penalties as appropriate. All breaches of confidentiality are to be reported to CDC immediately. CDC will provide technical assistance to State and local health departments' investigations of such incidents, develop recommendations for improvements in local security measures, and provide oversight to monitor changes in program practices. 12 Relationship to HIV Prevention and Care Programs The implementation of HIV case surveillance should not interfere with HIV prevention programs, including those that offer anonymous HIV counseling and testing services. Unless prohibited by State law or regulation, CDC requires that States and local areas provide opportunities to receive anonymous HIV counseling and testing services as a condition of Federal funding for HIV prevention. CDC strongly recommends that States prohibiting anonymous HIV testing change this practice, given the overriding public health objective of encouraging knowledge of HIV serologic status. All HIV testing services should continue to be voluntary and preceded by informed consent in accordance with local laws (62). All persons who are diagnosed with HIV infection should be referred to programs that provide HIV care, treatment, and comprehensive prevention case management services. Provider-based referrals of patients to prevention and care services provide a timely, effective, and efficient means of ensuring that individuals who have been diagnosed with HIV receive needed services. The primary function of HIV and AIDS surveillance is the collection of accurate and timely epidemiologic data; therefore, State and local HIV and AIDS case surveillance programs are not directed by CDC to share individual case reports with prevention or care programs, including those that provide partner notification assistance, case management, and other services for individual clients. Although some areas have established direct linkages between surveillance and specific prevention programs, such linkages do not necessarily improve the provision of HIV prevention and care services. Areas that elect to establish such linkages must seek the concurrence of their prevention and care planning groups, require that recipients of surveillance information be subject to the same penalties for unauthorized disclosure as surveillance personnel, and evaluate the effectiveness of this public health approach. COMMENTARY The Surveillance Case Definition for HIV Infection and AIDS The revised HIV case definition for adults and children less than 18 months of age integrates HIV and AIDS reporting criteria in a single case definition and incorporates new laboratory tests in the laboratory criteria for HIV case reporting. For adolescents and adults, the 1999 HIV and AIDS case definition includes viral detection tests that were not commercially available when the case definition was revised in 1993. The revised case definition for HIV infection also permits the reporting of cases based on the result of any test licensed for the diagnosis of HIV infection in the United States. Although the reporting criteria generally reflect the recommendations for the diagnosis of HIV infection, the HIV reporting criteria are for public health surveillance and are not designed for making a diagnosis for an individual patient. The laboratory criteria include the serologic HIV tests described in the clinical standards for HIV diagnosis (63-64). or 13 The pediatric HIV reporting criteria include criteria for monitoring all children with perinatal exposures to HIV and reflect recent advances in diagnostic approaches that permit the diagnosis of HIV infection in the first months of life. With viral detection tests, HIV infection can be detected in nearly all infants 1 month of age or older. The timing of the HIV serologic and viral detection tests and the number of viral detection tests in the definitive and presumptive criteria for HIV infection are based on the recommended practices for the diagnosis of infection in children less than 18 months of age and on evaluations of the performance of these tests for children in this age group (46-55). The clinical criteria in the HIV and AIDS case definition are included to ensure the complete reporting of cases with documented evidence of HIV infection or AIDS-defining conditions. The AIDS-defining conditions are included as part of the integrated HIV and AIDS surveillance criteria The presumptive and definitive AIDS-defining criteria have not been revised since 1993 and continue to include the laboratory markers of severe HIV-related immuno- suppression and the opportunistic illnesses indicative of severe HIV disease. The development of AIDS-related opportinistic illnesses greatly increases mortality risks. Almost all deaths among persons with HIV infection are caused by AIDS-related opportunistic illnesses (65). Effect of National HIV Case Surveillance on Reporting Trends The changes in the HIV reporting criteria will have little effect on reporting trends in States already conducting HIV case surveillance. The number of HIV cases reported nationally will increase primarily because of the implementation of HIV surveillance by the remaining States and local areas. Many of the States that will be implementing HIV case surveillance in the future have high AIDS incidence rates. Similar to the effect on AIDS surveillance trends after the implementation of the revised reporting criteria in 1993, the initiation of HIV surveillance by additional States may result in a sudden and large increase in HIV case reports (66). Based on CDC's estimates that approximately 220,000 HIV-infected persons without AIDS-defining conditions have been diagnosed with HIV in confidential testing settings and reside in States that do not currently conduct HIV case surveillance (30), it is possible that this many persons could be reported with HIV infection from these States in 1999. However, it is more likely that reporting of prevalent HIV infections will be spread over several years and that the annual increases will be more modest. Initially, most case reports will represent persons whose HIV infection was diagnosed before HIV surveillance was implemented. As the reporting of prevalent HIV cases is completed, the number of HIV case reports will decrease and case reports will increasingly represent persons with recent diagnosis of HIV infection. To facilitate the interpretation of HIV surveillance data and given that CDC strongly promotes the continued availability of anonymous testing options, evaluations of HIV and AIDS surveillance systems will include assessments of the number of persons reported whose infection was initially diagnosed at an anonymous site and the time before these persons entered clinical care for their infection These evaluations will be useful in determining the representativeness of HIV surveillance data, as well as the effectiveness of program efforts to refer persons into care services after the diagnosis of HIV infection in anonymous testing settings. 14 AIDS trends have declined nationally; however, because the AIDS surveillance trends are affected by HIV incidence, as well as the effect of treatment on the progression of HIV disease, it is not possible to predict future AIDS trends. AIDS surveillance will continue to be important in evaluating access to care for different populations and in identifying changes in trends that might signal a decrease in the effectiveness of treatment. The long-term benefits of antiretroviral therapy and antimicrobial prophylaxis for AIDS-related illnesses continue to be defined, and various factors such as access, adherence, treatment costs, and viral resistance will influence the utilization and effectiveness of these therapies and their effects on AIDS incidence and mortality trends (67-69) HIV and AIDS Surveillance Practices Laboratories will be an increasingly important source of information from which to initiate reporting. HIV infection is frequently diagnosed in the outpatient clinical setting, and laboratory- initiated reporting will be particularly useful in identifying outpatient sources of HIV testing (60). Although contact with individual providers is necessary to complete the reporting process, the routine collection of data from laboratories and managed care organizations promotes simplicity and efficiency of case reporting to local surveillance programs. Performance criteria for HIV and AIDS surveillance are necessary to ensure that surveillance data are of sufficient quality to target prevention and care resources and to detect emerging trends in the HIV epidemic. Evaluations of HIV and AIDS surveillance programs have shown that areas should be able to meet these performance criteria (6,22,57-61). According to these evaluations, the completeness of HIV surveillance (79 to 95 percent) and AIDS surveillance (85 to 100 percent) is high, and reporting is timely with nearly one-half of AIDS cases and three-quarters of HIV cases reported to the national HIV/AIDS reporting system within 3 months of diagnosis (6). In 1996, CDC estimated that the duplication rate of HIV and AIDS cases reported from different States to the national surveillance data base was less than 3 percent and 2 percent, respectively (6). The performance criteria also reflect the need for public health surveillance systems to serve as a basis for the identification and follow-up of cases of public health importance. Based on evaluation studies of non-name-based case identifiers and the current infrastructure of State and local health departments, name-based methods for collecting and reporting public health data provide the most feasible and reliable means for ensuring timely, accurate, and complete reporting of persons diagnosed with HIV and AIDS. Name-based reporting facilitates followup of perinatally exposed infants to determine their infection status and of persons reported with HIV to determine progression to AIDS and vital status. (22,28) The Security and Confidentiality of HIV and AIDS Surveillance The revision of the HIV reporting criteria provides an opportunity to review and strengthen State and local confidentiality laws and regulations. Although State HIV and AIDS surveillance confidentiality laws and regulations adequately protect privacy compared with the statutory protections of other health care data, State statutes differ in the degree of privacy protections afforded health information and the criteria for permissible disclosures of personal 15 information. Most State statutes describe some permissible disclosures of public health information To help ensure uniform confidentiality protections, CDC, CSTE, ASTHO, the National Conference of State Legislatures, and the Georgetown/Johns Hopkins Public Health Law Project are conducting a model State privacy law project. This project is developing model legislative language to protect confidential, identifiable information held by State and local public health departments against unauthorized and inappropriate use while still allowing the use of surveillance information to accomplish legitimate public health objectives. This process is projected to be completed by the end of 1998, and States that plan to implement HIV case surveillance should consider adopting the model legislation. Although HIV and AIDS surveillance systems have exemplary records of security and confidentiality, it is essential for all programs to identify ways to strengthen data protection because of the greater sensitivity of HIV case surveillance compared with that of AIDS case surveillance alone. The revised security requirements are based on a CDC review of the security practices of all State HIV and AIDS surveillance systems. The revised security standards will result in a reduction in the number of name-based surveillance registries and limitations on how these registries are used. CDC continues to conduct evaluations of methods to further enhance data security, including the use of coding and encryption of data collected in the HIV and AIDS reporting system Based on these evaluations, CDC will provide technical guidance to facilitate the use of this approach by project areas. HIV Prevention and Care CDC has published guidelines concerning the provision and targeting of HIV counseling and testing services (19, 27, 70-72) and provides support for most public sources of HIV testing. The availability of anonymous HIV testing services may be particularly important for persons who delay seeking testing because of a concern that others may learn of their serologic status. Studies have shown that the availability of anonymous HIV testing is associated with increased numbers of persons seeking testing services (73-76). Anonymous HIV testing services are a required element of federally supported prevention programs unless prohibited by State law or regulation. Currently, 39 States, Puerto Rico, and the District of Columbia provide anonymous HIV testing services. CDC advises that the decision about linkage between surveillance systems and prevention and care services, such as partner counseling and referral services (i.e., partner notification activities), be made at the local level Voluntary partner notification services provide HIV counseling and testing to persons who may be unaware of HIV risk exposures, and these services are a required component of federally sponsored HIV prevention programs (77-78). All such prevention services are feasible and in well-managed programs have been highly effective without being directly linked to HIV or AIDS surveillance data Translating surveillance data into prevention priorities and programs requires informed decision-making by public health and community partners through the HIV Prevention Community Planning process that should guide whether and how such linkages are achieved. 'Such linkages should neither compromise the quality and security of the surveillance system nor compromise the quality, confidentiality, and voluntary nature of HIV prevention services. The primary function of HIV and AIDS 16 surveillance remains the provision of accurate epidemiologic data for public health information, planning, and evaluation. Persons who have been diagnosed with HIV infection at either confidential or anonymous test sites should be promptly referred to facilities that provide confidential HIV care. Although not directly responsible for the delivery of medical care, CDC provides Federal direction for State and local programs that facilitate the referral of HIV-infected persons from counseling and testing centers and health education/risk-reduction programs to HIV care facilities. CDC has strengthened its technical assistance to HIV counseling and testing grantees to improve the referral system between HIV testing sites and care programs, in part by increasing coordination with the Health Resources and Services Administration and the Ryan White CARE Act grantees, To provide further guidance, CDC has also undertaken a project to develop model contract language for Medicaid programs that serve people with HIV. CONCLUSION The implementation of a national surveillance network to include both HIV and AIDS surveillance is a necessary response to epidemiologic trends and new standards for HIV care. Integrated HIV and AIDS surveillance programs will provide data to characterize persons newly diagnosed with HIV infection, including those with evidence of recent infection, persons with severe HIV disease (AIDS), and those succumbing to HIV and AIDS. The revised HIV surveillance case definitions and the establishment of performance criteria will promote uniform case ascertainment and will ensure that the surveillance data are of sufficient quality for effective planning and allocation of resources for prevention and care programs. The successful implementation of HIV and AIDS surveillance will require that State and local areas further ensure the security and confidentiality of surveillance data This can be promoted through enhancements to data systems and confidentiality policies, training and management of public health personnel, and by use of the HIV Prevention Community Planning process to determine the appropriate use of surveillance data by prevention and care programs. Appendix Revised Surveillance Case Definition of HIV Infection (including AIDS)* This revised definition of HIV infection, which applies to any type of HIV (e.g., HIV-1, HIV-2), is intended for public health surveillance only. The revised criteria for HIV infection update the definition of HIV infection implemented in 1993 (10); the revised HIV criteria apply to AIDS- defining conditions (10) that require laboratory evidence of HIV. This definition is not presented as a guide to clinical diagnosis or for other uses (10,12). I. In adults, adolescents, or children >18 months of age, a reportable case of.HIV infection meets any of the following criteria: Laboratory Criteria Positive result on a screening test for HIV antibody (e.g., repeatedly reactive enzyme immunoassay) followed by a positive result on a confirmatory (sensitive and more specific) test for HIV antibody (e.g., Western blot or immunofluorescence antibody test), OR, Positive result on any of the following HIV virologic detection (non-antibody) tests: HIV nucleic acid (DNA or RNA) detection (e.g. DNA polymerase chain reaction (PCR), plasma HIV-1 RNA levels)# p24 antigen test, including neutralization assay Virus isolation (culture) OR Clinical Criteria (if the above criteria are not met) Diagnosis of HIV infection documented in a medical record by a physician, OR, Conditions that meet criteria included in the case definition for AIDS (10,12) II In a child <18 months of age, a reportable case of HIV infection meets any of the following criteria: Laboratory Criteria Definitive Positive results on two separate determinations (excluding cord blood) from one or more of the following HIV virologic detection (non-antibody) tests: HIV nucleic acid (DNA or RNA) detection# p24 antigen test, including neutralization assay Virus isolation (culture) OR Presumptive Positive results on only one (excluding cord blood) of the definitive HIV virologic detection tests OR Clinical Criteria (if the above criteria are not met) Diagnosis of HIV infection documented in a medical record by a physician, OR, Office of HIV/AIDS Policy Office of Public Health and Science USA SERVICES DEPART MENT HUMAN OF GENEALTH Office of the Secretary 200 Independence Avenue, S.W., Room 736-E Washington, DC 20201 Deliver To: Todd Fax: ( ) 456-2438 Phone: ( ) From: Deborah von Zinkernagel Deputy Director for Policy Phone: (202) 690-5560 Fax: (202) 690-6584 E-mail: [email protected] Date: / / This fax contains page(s) plus cover If transmission problems occur, please call: Shellie Abramson @ 202-690-5560 Comments: 02 FINAL December 1998 CDC Fact Sheet CDC Draft Guidelines for Improved Data on U.S. HIV Epidemic New Systems Urgently Needed to Guide Prevention Efforts The Centers for Disease Control and Prevention (CDC) has released draft guidelines calling on all States to track the course of the HIV epidemic as an extension of their AIDS surveillance programs. To address the urgent need for information to ensure effective targeting of prevention and care services while recognizing legitimate concerns about confidentiality and access to testing and care, CDC has called for all States and territories to conduct HIV surveillance in addition to their AIDS surveillance systems. The guidelines articulate performance standards that all States must meet within a reasonable time period. The decision on the surveillance system used to gather those data - either a name-based or an alternative "unique identifier" system - will be left up to the States. CDC is advising that, based on available evaluations of name-based HIV surveillance systems, name-based HIV surveillance systems are currently most likely to meet the necessary performance standards and provide the quality data necessary to direct community prevention and treatment programs. The guidelines respond to recent treatment advances that have slowed the progression from HIV to AIDS for many individuals. Data on AIDS cases alone can no longer be reliably used to direct prevention efforts to communities currently at greatest risk. The new guidelines address the urgent need for information to ensure effective targeting of prevention services. The draft guidelines represent the culmination of a lengthy effort by CDC with communities and public health partners nationwide to address emerging information needs and issues surrounding the effective implementation of HIV reporting. The proposed recommendations are designed to 1) provide accurate and reliable data for communities to effectively direct scarce resources for HIV prevention and treatment; 2) maintain strict confidentiality of HIV data, including controlled access and strong penalties for abuse; and 3) continue support for anonymous testing options SO that systems do not deter individuals at risk from accessing HIV testing, treatment, and prevention services. As of July 1, 1998, thirty-two states had implemented HIV surveillance using the same reporting system for both HIV and AIDS cases; three of these states conduct pediatric surveillance only. Additional states are now working to expand their AIDS surveillance systems to include HIV cases. The draft "Guidelines for National HIV Surveillance, Including Monitoring for HIV Infection and Acquired Immunodeficiency Syndrome" are designed to provide states recommendations on the best practices to ensure both quality and confidentiality of HIV data. CDC Recommendations Given the importance of HIV surveillance data for directing services and care to individuals with HIV infection, the draft CDC guidelines establish specified performance criteria to assure both the quality and confidentiality of that data. All states will be required to establish an HIV surveillance system that meets these quality and confidentiality criteria within a reasonable time period. The decision on the surveillance system used to gather those data - either a name-based or an alternative "unique identifier" system - will be left up to the states. Based on available evaluations of name-based HIV surveillance systems, CDC believes that such systems are currently the most likely to meet the necessary performance standards and provide the quality data necessary to direct community prevention and treatment programs. However, CDC's draft policy does allow for flexibility for those states that decide to implement alternative systems CDC will provide financial and technical assistance to states working to design HIV surveillance systems, including unique identifier-based and name-based systems. During the next several years, CDC will assist states in implementing HIV surveillance systems, evaluating current performance levels, revising systems as necessary and reassessing performance. After this transition period, CDC will evaluate and award proposals for federal funding of state and local surveillance programs based on their capacity to meet the performance standards. At that time, CDC will work with states to adopt surveillance methods that will enable them to achieve the standards. Criteria for Quality and Confidentiality The draft guidance document outlines performance criteria to ensure the quality and confidentiality of HIV data. These criteria include strict confidentiality procedures and protections such as using a single registry, eliminating paper reports, using computer encryption techniques, setting up physical security and limited access to data, and penalties for abuse. Additionally, the guidelines set quality standards for data to ensure completeness (over 85% of diagnoses must be reported), timeliness (over 66% of diagnoses of reported within 6 months of diagnosis), no duplication (less than 5% of cases should be duplicate reports of a single case), and the ability to follow-up with providers on cases of public health importance (e.g., unusual modes of transmission or strains). Efforts to Evaluate and Address Concerns About Name-Based HIV Reporting CDC recognizes the concerns regarding name-based reporting of HIV infection and the greater sensitivity of HIV case data. CDC has worked for several years to evaluate and address these issues and has consulted with a diverse group of individuals and organizations from the scientific, public health, and AIDS advocacy communities in developing these proposed guidelines. Of course, CDC will continue to work with states to evaluate the impact of HIV case surveillance as implemented following these guidelines. 004 The draft guidelines present the results of these assessments in more detail, but several key steps have been taken, including: Evaluation of Unique Identifier Systems CDC has assessed the feasibility of using alternatives to name-based methods for HIV surveillance by reviewing a number of existing state systems that use a variety of numeric codes or "unique identifiers" (UI) rather than names. Most recent evaluations looked at Social Security number-based systems. Several problems were found with these systems, including a high number of reports with incomplete codes (approximately 30-40%), low rates of completeness in reporting (approximately 25-50% complete), difficulty in conducting follow-up on specific cases, and the absence of behavioral risk data in this system. CDC also found difficulties in assessing the level of duplicate case reports or the ability to reliably link to other public health databases (e.g. death registries). In UI-based systems, providers must maintain logs or other forms of documentation linking the UI to the name-based medical records. This process may pose additional confidentiality risks if physician-held surveillance registries are not protected by state confidentiality statutes or are located in non-secure areas. Support for Anonymous Testing While studies suggest that name-based HIV reporting does not serve as a major deterrent to testing, CDC continues to strongly support anonymous HIV testing and recommends that all states provide anonymous testing options. CDC studies indicate that the lack of anonymous testing serves as a deterrent to testing in some high-risk populations. Unless prohibited by law, CDC requires that states receiving prevention funds to make anonymous testing available. Maintaining anonymous test sites is important for prevention efforts and will not seriously inhibit efforts to track the epidemic. Most people are diagnosed with HIV infection in confidential care settings. Moreover, the time between HIV diagnosis and the point at which individuals enter the care system has become shorter, given new treatment advances. Maintaining an anonymous testing option may help ensure that more individuals learn their status, and if infected, seek early treatment and care. HIV home test kits now offer another anonymous testing option in the United states. And anonymous testing is available in publicly funded counseling and testing sites in all but eleven states. CDC strongly recommends that states not currently offering anonymous testing reevaluate their policies on this issue. Strengthening Systems to Protect Confidentiality Public health departments have maintained an exemplary record in protecting the confidentiality of HIV/AIDS data. Since 1981 there have been few reported breaches of confidentiality in state AIDS reporting systems. V 005 Over the past few years, CDC has been working to evaluate additional measures at the state level that could improve confidentiality even further. CDC has recently reviewed state reporting programs and has developed enhanced standards to be used in developing local confidentiality plans. Local programs will be required to meet these performance standards and must ensure confidentiality as a condition of funding. One important security measure CDC is now making available to states is the option of using a double-keyed encryption program. With this system, names and other identifying information may only be accessed with both the key (password) held by the state and the key held by CDC. To assess the strength of local confidentiality laws that protect HIV data, CDC requested that Georgetown/Johns Hopkins Public Health Law Project review local laws and regulations. All states and many localities have legal safeguards of confidentiality for government-held data, and these laws were found to provide greater protection than laws protecting health information held by private health care providers. Additionally, most states have specific statutory protections for public health data related to HIV. However, state legal protections vary widely. CDC is therefore promoting efforts to enhance and standardize local confidentiality laws. CDC, in partnership with other public health agencies, the National Conference of state Legislatures, and the Georgetown/Johns Hopkins Public Health Law Project, is working to develop model legislative language to protect confidential, identifiable information held by state and local public health departments against unauthorized and inappropriate use, while still allowing the use of surveillance information to accomplish legitimate public health objectives. Request for Public Comment The draft Guidelines represent the combined efforts of CDC and numerous agencies and individuals nationwide. CDC is seeking public comment to ensure the final recommendations promote the best possible approaches to HIV surveillance, as a critical component of future HIV prevention efforts. After the public comment period, which runs from x date to y date, the comments will be carefully reviewed and considered. The Guidelines will be modified as needed before being published in the Morbidity and Mortality Weekly Report. For copies of the draft Guidelines and information on how to submit comments, call the CDC National Prevention Information Network at 1-800-458-5231 or send a written request to P.O. Box 6003, Rockville, MD 20849-6003. ### I ' RUMAN LEVICES and DEPARTMENT OF HEALTH & HUMAN SERVICES Chief of Staff Washington, D.C. 20201 FACSIMILE DATE: 12/9/98 TO: Chris Jennings FAX#: 456-5557 FROM: Mary Beth Donahue Chief of Staff Phone: 202/690-7431 Fax: 202/401-5783 COMMENTS: This is final paper. It just needs to go on CDC lettehead Pages [including this cover] 001 CHIEF OF STAFF 12/09/98 WED 11 10 11:10 FAX 202 4015783 FINAL December 1998 CDC Fact Sheet CDC Draft Guidelines for Improved Data on U.S. HIV Epidemic New Systems Urgently Needed to Guide Prevention Efforts The Centers for Disease Control and Prevention (CDC) has released draft guidelines calling on all States to track the course of the HIV epidemic as an extension of their AIDS surveillance programs. To address the urgent need for information to ensure effective targeting of prevention and care services while recognizing legitimate concerns about confidentiality and access to testing and care, CDC has called for all States and territories to conduct HIV surveillance in addition to their AIDS surveillance systems. The guidelines articulate performance standards that all States must meet within a reasonable time period. The decision on the surveillance system used to gather those data - either a name-based or an alternative "unique identifier" system - will be left up to the States. CDC is advising that, based on available evaluations of name-based HIV surveillance systems, name-based HIV surveillance systems are currently most likely to meet the necessary performance standards and provide the quality data necessary to direct community prevention and treatment programs. The guidelines respond to recent treatment advances that have slowed the progression from HIV to AIDS for many individuals. Data on AIDS cases alone can no longer be reliably used to direct prevention efforts to communities currently at greatest risk. The new guidelines address the urgent need for information to ensure effective targeting of prevention services. The draft guidelines represent the culmination of a lengthy effort by CDC with communities and public health partners nationwide to address emerging information needs and issues surrounding the effective implementation of HIV reporting. The proposed recommendations are designed to 1) provide accurate and reliable data for communities to effectively direct scarce resources for HIV prevention and treatment; 2) maintain strict confidentiality of HIV data, including controlled access and strong penalties for abuse; and 3) continue support for anonymous testing options so that systems do not deter individuals at risk from accessing HIV testing, treatment, and prevention services. As of July 1, 1998, thirty-two states had implemented HIV surveillance using the same reporting system for both HIV and AIDS cases; three of these states conduct pediatric surveillance only. Additional states are now working to expand their AIDS surveillance systems to include HIV cases. The draft "Guidelines for National HIV Surveillance, Including Monitoring for HIV Infection and Acquired Immunodeficiency Syndrome" are designed to provide states recommendations on the best practices to ensure both quality and confidentiality of HIV data. 022 CHIEF OF STAFF 12/09/98 WED 11:10 FAX 202 4015783 CDC Recommendations Given the importance of HIV surveillance data for directing services and care to individuals with HIV infection, the draft CDC guidelines establish specified performance criteria to assure both the quality and confidentiality of that data. All states will be required to establish an HIV surveillance system that meets these quality and confidentiality criteria within a reasonable time period. The decision on the surveillance system used to gather those data - either a name-based or an alternative "unique identifier" system - will be left up to the states. Based on available evaluations of name-based HIV surveillance systems, CDC believes that such systems are currently the most likely to meet the necessary performance standards and provide the quality data necessary to direct community prevention and treatment programs. However, CDC's draft policy does allow for flexibility for those states that decide to implement alternative systems. CDC will provide financial and technical assistance to states working to design HIV surveillance systems, including unique identifier-based and name-based systems. During the next several years, CDC will assist states in implementing HIV surveillance systems, evaluating current performance levels, revising systems as necessary and reassessing performance. After this transition period, CDC will evaluate and award proposals for federal funding of state and local surveillance programs based on their capacity to meet the performance standards. At that time, CDC will work with states to adopt surveillance methods that will enable them to achieve the standards. Criteria for Quality and Confidentiality The draft guidance document outlines performance criteria to ensure the quality and confidentiality of HIV data. These criteria include strict confidentiality procedures and protections such as using a single registry, eliminating paper reports, using computer encryption techniques, setting up physical security and limited access to data, and penalties for abuse. Additionally, the guidelines set quality standards for data to ensure completeness (over 85% of diagnoses must be reported), timeliness (over 66% of diagnoses of reported within 6 months of diagnosis), no duplication (less than 5% of cases should be duplicate reports of a single case), and the ability to follow-up with providers on cases of public health importance (e.g., unusual modes of transmission or strains). Efforts to Evaluate and Address Concerns About Name-Based HIV Reporting CDC recognizes the concerns regarding name-based reporting of HIV infection and the greater sensitivity of HIV case data. CDC has worked for several years to evaluate and address these issues and has consulted with a diverse group of individuals and organizations from the scientific, public health, and AIDS advocacy communities in developing these proposed guidelines. Of course, CDC will continue to work with states to evaluate the impact of HIV case surveillance as implemented following these guidelines. 003 CHIEF OF STAFF 202 4015783 WED 11:11 FAX 12/09/98 The draft guidelines present the results of these assessments in more detail, but several key steps have been taken, including: Evaluation of Unique Identifier Systems CDC has assessed the feasibility of using alternatives to name-based methods for HIV surveillance by reviewing a number of existing state systems that use a variety of numeric codes or "unique identifiers" (UI) rather than names. Most recent evaluations looked at Social Security number-based systems. Several problems were found with these systems, including a high number of reports with incomplete codes (approximately 30-40%), low rates of completeness in reporting (approximately 25-50% complete), difficulty in conducting follow-up on specific cases, and the absence of behavioral risk data in this system. CDC also found difficulties in assessing the level of duplicate case reports or the ability to reliably link to other public health databases (e.g. death registries). In UI-based systems, providers must maintain logs or other forms of documentation linking the UI to the name-based medical records. This process may pose additional confidentiality risks if physician-held surveillance registries are not protected by state confidentiality statutes or are located in non-secure areas. Support for Anonymous Testing While studies suggest that name-based HIV reporting does not serve as a major deterrent to testing, CDC continues to strongly support anonymous HIV testing and recommends that all states provide anonymous testing options. CDC studies indicate that the lack of anonymous testing serves as a deterrent to testing in some high-risk populations. Unless prohibited by law, CDC requires that states receiving prevention funds to make anonymous testing available. Maintaining anonymous test sites is important for prevention efforts and will not seriously inhibit efforts to track the epidemic. Most people are diagnosed with HIV infection in confidential care settings. Moreover, the time between HIV diagnosis and the point at which individuals enter the care system has become shorter, given new treatment advances. Maintaining an anonymous testing option may help ensure that more individuals learn their status, and if infected, seek early treatment and care. HIV home test kits now offer another anonymous testing option in the United states. And anonymous testing is available in publicly funded counseling and testing sites in all but eleven states. CDC strongly recommends that states not currently offering anonymous testing reevaluate their policies on this issue. Strengthening Systems to Protect Confidentiality Public health departments have maintained an exemplary record in protecting the confidentiality of HIV/AIDS data. Since 1981 there have been few reported breaches of confidentiality in state AIDS reporting systems. 00 CHIEF OF STAFF 4015783 202 EAX II:II PED Over the past few years, CDC has been working to evaluate additional measures at the state level that could improve confidentiality even further. CDC has recently reviewed state reporting programs and has developed enhanced standards to be used in developing local confidentiality plans. Local programs will be required to meet these performance standards and must ensure confidentiality as a condition of funding. One important security measure CDC is now making available to states is the option of using a double-keyed encryption program. With this system, names and other identifying information may only be accessed with both the key (password) held by the state and the key held by CDC. To assess the strength of local confidentiality laws that protect HIV data, CDC requested that Georgetown/Johns Hopkins Public Health Law Project review local laws and regulations. All states and many localities have legal safeguards of confidentiality for government-held data, and these laws were found to provide greater protection than laws protecting health information held by private health care providers. Additionally, most states have specific statutory protections for public health data related to HIV. However, state legal protections vary widely. CDC is therefore promoting efforts to enhance and standardize local confidentiality laws. CDC, in partnership with other public health agencies, the National Conference of state Legislatures, and the Georgetown/Johns Hopkins Public Health Law Project, is working to develop model legislative language to protect confidential, identifiable information held by state and local public health departments against unauthorized and inappropriate use, while still allowing the use of surveillance information to accomplish legitimate public health objectives. Request for Public Comment The draft Guidelines represent the combined efforts of CDC and numerous agencies and individuals nationwide. CDC is seeking public comment to ensure the final recommendations promote the best possible approaches to HIV surveillance, as a critical component of future HIV prevention efforts. After the public comment period, which runs from X date to y date, the comments will be carefully reviewed and considered. The Guidelines will be modified as needed before being published in the Morbidity and Mortality Weekly Report. For copies of the draft Guidelines and information on how to submit comments, call the CDC National Prevention Information Network at 1-800-458-5231 or send a written request to P.O. Box 6003, Rockville, MD 20849-6003. ### 005 CHIEF OF STAFF 12/09/98 WED 11:11 FAX 202 4015783 12/07/98 21:27 FAX AIDS Policy 005 Effect of HIV Reporting by Name on Use of HIV Testing in Publicly Funded Counseling and Testing Programs Allyn K. Nakashima, MD; Rosemarie Horsley; Robert L. Frey, PhD: Patricia A. Sweeney. MPH; J. Todd Weber, MD; Patricia L. Fleming, PhD Context-Policies requiring confidential reporting by name to state health de- these AIDS case reports. In contrast, partments of persons infected with the human immunodeficiency virus (HIV) have confidential reporting by name of HIV- potential to CBUSB some of them to avoid HIV testing. infected adults and adolescents (aged Objective.-To describe trends in use of HIV testing services at publicly funded ≥13 years) who do not meet the criteria HIV counseling and testing sites before and after the implementation of HIV report- for AIDS (HIV reporting)' has been ing policies. implemented less completely; by Janu- Design and Setting-Analysis of service provision data from 6 state health de- ary 1998, only 28 states required physi- partments (Louisiana, Michigan, Nebraska, Nevada, New Jersey, and Tennessee) cians and other health care providers, including clinicians, laboratories, and in- 12 months before and 12 months after HIV reporting was introduced. stitutions (eg, hospitals, clinics). to re- Main Outcome Measure.-Percent change in numbers of persons tested at port these cases.² Until recently, AIDS publicly funded HIV counseling and testing sites after implementation of confiden- case reporting met most of the informa- tial HIV reporting by risk group. tion needs of monitoring and character- Results.-No significant declines in the total number of HIV tests provided at izing the HIV epidemic, Because of counseling and testing sites in the months immediately after implementation of HIV changes in the epidemic, most notably reporting occurred in any state, other than those expected from trends present be- chose related to new therapies. AIDS fore HIV reporting. Increases occurred in Nebraska (15.8%), Navada (48.4%), New case reports no longer provide adequate Jersey (21.3%), and Tennessee (62.8%). Predicted decreases occurred in Louisi- information, and HIV reporting will be- ana (10.5%) and Michigan (2.0%). In all areas, testing of at-risk heterosexuals in- come increasingly important.14 creased In the year after HIV reporting was implemented (Louisiana, 10.5%; Micht gan, 225.1%; Nebraska, 5.7%; Nevada, 303.3%; New Jersey, 462.9%; Tennessee, See also P 1416, 603.8%). Declines in testing occurred among men who have sex with men In Loui- siana (4.3%) and Tennessee (4.1%) after HIV reporting: testing increased for this One barrier to the adoption of HIV group in Michigan (5.3%), Nebraska (10,6%), Nevada (12.5%). and New Jersey reporting has been the concern that such (22.4%). Among injection drug users, testing declined in Louisiana (15%). Michi- policies might cause some individuals to gan (34.3%), and New Jersey (0,6%) and increased in Nebraska (1.7%), Navada avoid testing or medical care. These (18,9%), and Tennessee (16.6%). concerns have been based on Cenoluolane-Confidential HIV reporting by name did not appear to affect use of xt-risk populations. Although the of HIV testing In publicly funded counseling and testing programs. populations surveyed were at high risk JAMA 1908:290:1421-1425 for HIV (eg, man who have sex with men [MSM], they were limited by small num- bers and narrow geographic coverage. From the Division of HIV/AIDS Prevention. Nallonal POLICIES for the confidential report- Center for HIV. STD. and TB Prevention. Centers for Most surveys asked people about their Disease Control and Prevention. Allanta. Ga. ing by name of persons with acquired intent to test without verifying testing Presanted in part at the 12Sm Annual Meeting of the immunodeficiency syndrome (AIDS) to behaviors after the implementation of American Public Health Association. Indianapolis. Ind, health departments exist in all states.¹ HIV reporting. November 3-13, 1997. Reprints: Allyn K. Nakashima, MD. Centers for Dis. The ability to monitor trands in the epi- Large-scale, publicly funded HIV coup- eace Control and Provention. 1800 Cillion Rd. MS E-47, damic due to the human immunodefi- seling and testing (CT) programs have Address GA 30333 (e-mail: ciency virus (HIV) has been based on been in place in all states since 1986.13 JAMA, October 28. 1998-Vel 280, No. 16 Effect of HIV Reporting on HIV Testing-Nakashima of al 1421 500 10/28/98 WED 15:11 FAX 12/07/98 21:27 FAX AIDS Policy 006 These programs were huwany imple- alone 111 mented to provide alter for HIV testing departments for HIV CT vices since data for the 1 th when HIV name re- other than blood banks and to offer 1986. 18-15 Since 1990, most project areas porting was introduced were excluded. anonymous or confidential HIV CT SET- have sent to CDC data on individual We excluded CT sites reporting fewer vices to anyone seeking a test. Approxi- tests performed. For such test per- than 50 tests to the client record system mately 25 million HIV tests are fur- formed, information Was collected on during the 25-month period of evalua- nished by the CT programs each month and year of test: sex, race or eth- tion. Because of policy changes, changes year. less In areas where HIV reporting nicity, and HIV risk exposure group in funding, or other program issues, sites legislation was introduced after imple- MSM. injection drug use, sex with a per- may be added or eliminated from & mentation of CT programs, the date col- son infected with HIV or at risk for HIV) state's CT program. To mínimize the ef- lected by these programs provide a of the person tested; type of testing wite fect of changes in sites, we excluded sites unique opportunity to observe the effect (stand-alone counseling and testing site, that reported no tests for any month dur- of HIV reporting policies on testing. In sexually transmitted disease clinic, drug ing the 25-month study period. this study, we used CT data to compare treatment center, family planning clinic, Data on type of test Were available for the changes in use of HIV testing ser- community health center, prison or jail, Louisiana and Nebraska and the per- vices before and after HIV reporting other); test result; and type of test centages of anonymous and confidential was implemented. (anonymous vs confidential), added af- tests before and after HIV name reports ter 1992. ing were assessed by sex, race or ethnic- METHODS In 5 states. HIV reporting was imple- ity, and risk exposure group for these The Centers for Disease Control and mented after CT data collection was in states. Prevention (CDC) has funded 65 project place. In Louisiana, HIV reporting was To account for the variations in auto- implemented in February 1993; in Ne- correlated data (ie, the underlying sta- Table 1.-Number of HIV Tests Performed in brasks, September 1995: in Nevada. tístical distribution of repeated mea- Publicly Funded HIV Counseling and Testing Siles February 1992; in New Jersey, October sures over time in the same sites), we the Year Boloro and Allor Implementation of HIV 1991: and in Tennessee, January 1992. In used & Poisson log-linear model. For this Reporting by State" Michigan. HIV reporting was required model, the number of tests was the re- No. al H/V THEIR by regulation beginning in 1988. How- sponse variable used to compare the Performed ever, the health department did not ac- menths before and the months after tively solicit HIV case reports from phy- implementation of HIV reporting. Before After % P sicians and other providers, including cli- Within the model. the generalized esti- Reporting Reporting Change Valuet nicians, laboratories, and institutions mating equations method was incorpo- Louisiana 45858 36369 -10.6 .20 Michigan 66704 65308 -20 ,70 (eg. hospitals, clinics), until April 1992. rated to fit # correlated response Nabraska 4348 5036 15.8 <.001 Therefore, for Michigan this date was model. 10-18 The trends in the number of Nevada 9813 )4254 48.4 <001 taken 45 the date on which HIV name tests before and after HIV reporting New Jersay 61440 74324 21.3 <.001 Теппевене 20684 33575 82.8 -2001 reporting was implemented. In these B Were also compared by using the model. states, the number of HIV tests. the The 3 variables in the model comparing *Data exclude lests without size numbers, LASIE re- number of positive HIV teat results, and trends were time (before vs after HIV portod from siles win lewer than 50 total IDEIN during the 25-manth study period, and giles reporting no 10613 the distribution of these tests by sex, reporting), trend (linear trend over 12 during any single month. HIV indicates numan Immu- race or ethnicity, type of testing site, and months), and time by trend interaction nodelkiency virus. tData are based on regults of Poleson regression risk exposure group were compared for (trend same or different before vs after modeling. the 12 months before and the 12 months HIV reporting). The data used in the analysis were col- lected to monitor service provision, not for use in a research study; for example, Louisiana Nebraeka Tennessee Michigan New Jorney Navada no population sampling was performed. In addition, because of the large num- B Bafore HIV Reporting After HIV Reporting bers of tests performed in most areas, small percentage changes may result in 7 statistically significant differences that are not practically meaningful. There- a fore, we present stratified tables as com- No. of Tests in Thousands 5 parisons of numbers of tests and per- centage changes without further statis- 4 tical description. HIV/AIDS surveillance coordinators W and HIV CT program coordinators in each of the 6 study ВТЕДУ were tele- 2 phoned to obtain qualitative information about the methods used to inform the 1 general public and health care providers o such as physicians and other clinicians, 1 2 9 4 6 a 7 8 a 10 11 12 15 14 16 16 17 18 19 20 21 22 23 24 25 laboratories. and institutions about HIV Months reporting, local HIV CT program char- acteriatics, and occurrences (eg. media Number of human immunodeficiency WILLIA (HIV) tests performed per month at publicly funded HIV coun- events. changes in program funding) sellng and testing sites before and after Implamentation of HIV reporting by state. Dates HIV-reponing-Dy- name policies ware Implemented were as rellaws: for Louisiana, Pobruary 1993; Michigan. April 1992; No. that may have influenced counseling and braska, September 1995: New Jersey. October 1891; Termessee, January 1992; and Nevada, Fabruary testing trends at the time HIV name re- 1992. porting was implemented. 1422 JAMA, October 28, 1998-Vol 280, No. 18 Effact of HIV Reporting on HIV Testing-Nakashima et al 900 10/28/98 WED 15:12 FAX 12/07/98 21:27 FAX AIDS Policy 007 Who Have Sex Whin Men Injection aug Usera Before After Before After Before After Reporting Reparting % Change Reporting Reporting % Change Repenting Reporting % Change Louisiana 1332 1274 -4.3 1838 1562 -150 8867 11000 10.5 Michigan 3005 4113 5.3 3419 BM7 -34.3 5758 18844 225.1 Nebraska 480 574 19.8 238 242 1.7 888 239 6.7 Nevada 744 837 12.1 852 1013 18.8 887 3618 303.3 New Jursey 3242 3948 92.4 7051 7011 -0.8 2284 12968 482.05 Tennetsee 2734 2622 -4.1 1508 1758 166 814 6729 603.86 "HIV indicates human Immunodalidancy virus. fincludes persons with sexually Transmitted diseases. persons who exchanged Monay or drugs for BOL, and persons whose sex partners were at risk for HIV. *Large increase in this group was due in pan 10 Improved classification of persons initially classified -thoul hak. $Large Increase in This group coindided with Earvin "Magic" Johnson's enpouncement of HIV infection. RESULTS Table 3.-Number of Anonymous and Confidential HIV Tests in ine Year Before and After HIV Reporting far During the 26-manth period before Salected Groups in Louisiana and Nebraska" and after the implementation of HIV re- No. of Anamous MIV Testa No. of Confidential HIV Tests parting. the total numbers of HIV tests provided through the states in the study Batare After Before After Reporting Reporting % Change Reporting Reporting % Change were us follows: Louisiana, BS 794 tests Louisiana at 50 sites; Michigan, 138 802 tests at 58 All 8851 4987 -23.0 895 459 -4.6 sites; Nebraska, 9749 tests at Boitos; No- WITH MSM 448 348 -22.3 150 174 0.8 vada, 25 002 tests at 3 sites; New Jersey, African American 2156 1814 -24.7 675 22011 -0.8 141 teats at 84 after: and Tennessee, Injustion drug user 067 268 -27.0 1253 1146 -8.6 721 tests at 29 sites. These tests rep- Nebraska resented 63% of HIV tests performed in All tests 1888 2536 34.3 2386 2444 2.5 publicly funded CT sites in Louisiana While MSM 271 385 42.1 100 174 -17.0 during this period, 95% in Michigan, 77% African American 106 152 43.6 225 269 19.6 in Nebraska, 88% in Nevada, 84% in New Injection drug user 105 118 11.3 124 121 -24 Jersey, and 79% in Tennessee, When we compared the total number "Dale exclude DETE for which type of IBFI was unknown or missing (<15% of lotal tests for Louisiana and <2% for Nebraska). HIV indicates human immunodeficiency virus: MSM, man who have SEX with men. of tests performed in the year before and the year after HIV reporting, 4 STATES- Nabraska, Nevada, New Jersey, and the level of testing was higher after HIV creases for this group partly to Earvin Tennessee-had increases in the num- reporting. "Magic" Johnson's announcement of ber of tests performed after implemen- Among whites, the number of HJV his infection in November 1991. IP which tation (16%, 48%, 21%, and 68%, respec- tests increased after HIV reporting was nearly coincided with the implementa- tively: Table 1). Louisiana and Michigan implemented in all states but Louisiana, tion of HIV reporting policies in these had declines of 11% and 2%, respectively, which had a 10% decline. The trends for states, in the total number of tests; however, Hispanic persons were similar to those In Louisiana, both the number of these declines were not statistically aig- for whites: a 22% decline for Hispanic anonymous tests and the proportion of nificant. persons Was seen in Louisiana after HIV total HIV tests that were anony mous do When linear trends were examined reporting. Among blacks, the number of creased after HI reporting was imple- throughout the study period, there were tests performed after HIV reporting de- mented. At the same time, the number DO large or prolonged declines in the clined in Louisiana (10%), Michigan and proportion of confidential tests in- number of tests performed in any area in (26%), and New Jersey (2%). creased (Tuble 3). Opposite trands were the months immediately after HIV TH- Among MSM, the risk group that re- seen in Nebraska (Table 3)- In Nebraska, porting was implemented (Figure). A ports have suggested would be the most at the time HIV reporting was intro- transient decline in the number of tests likely to avoid testing if HIV reporting duced, counselors were instructed to en- in Michigan in the months immediately was implemented, the number of tests in- collrage clients to select anonymous after implementation of active surveil- creased in 4 states in the year after HIV testing. Among white MSMB, in Louisi- lanco for HIV CARDS had returned to reporting W88 implemented (Table 2). ana, there was A decline in anonymous baseline by the end of the 12-manth pe- Louisiana and Tennesses experienced de- testing and un increase in confidential riod of study. A declining trend in the creases in testing of less than 5% for this testing. In Nebraska, the reverse was number of tests in Louisiana began be- group. Among injection drug users, de true. In Louistana, declines were sean fore HIV reporting was implemented clines in testing occurred in Louisians and among blacks both in anonymous and and continued afterward; the Poisson Michigan (Table 2). Among at-risk her- confidential testing after HIV reporting model showed no statistically significant erosexuals, which included persons with began. The decline in anonymous testing difference in these trends (eg, the slope sexually transmitted diseases, persons was greater than the decline in confiden- of a regression line drawn through num- who had exchanged money or drugs for tial testing. Both types of tests creased ber of tests per month before HIV TO- sex, and those whose sex partners were smong blacks in Nebraska. Among in- porting and the slope after HIV report- at risk for HIV, increases in testing were jection drug users, confidential testing ing were the same). A statistically aig- seen in all areas after HIV reporting was decreased in Louisiana and Nebreska af- nificant difference in the before-and-af- implemented (Table 2). Counseling and ter HIV reporting whereas anonymous tor trends was found in Nevada. New testing coordinators in New Jersey and tasting increased in Nehraska and de- Jersey, and Tennessee. In these S states, Tennessee attributed the large in- creased in Louistana. JAMA, Delabor 28, 1998-Val 28D. No. 16 Ellect of HN Reporting on HIV Testing-Nakeshima el al 1423 007 FAX ST:12 CED 10/28/98 12/07/98 21:27 FAX AIDS Policy 008 Surveillance Coordinators and MIV 61 Program L'oordinators" Louisjana Michigan Nabraska New Jaresy Novada Tennessee Modia Deverse and strategies Informing the public HIV reporting Newspaper articles Press conterence x Evening lelovision news X Radio news I Public and educational relevision Public hearings x & X X Strategies used to Introduce HIV reporting to service providers Pamphlete and Information shoots X Public health, epidemiology, or medical society X X X newsle and butletins Latter campaigns (eg. to physicians, laboratories, clinica) % Presentations at professional meetings X Training courses X X 15 anonymous lesting available? Yes Yes Yes Yee No No Are health department personnel required to notify penners? No No No No No No How were publicly funded HIV CT shes notified about HIV reporting? Lotters to all sizes X Training courses x x I x X Involvement in meetings or site wislts 20 discuss HIV reporting How do HIV counselers inform patients about HIV reporting requirements? Pan of Informed consent form X I Part of reutine counseling X X X Information sheets or pamphiets X Other circumbiences coinciding with HIV reporting - Injuranced CT trends Earvin "Magic" Johnson's announcement X X Anonymous testing actively encouraged I Expansion of CT programs X Outroson offers to high-risk populations I Efforts to eliminate lesting of low-nisk populations Y *HIV Indicates human Immunodeficiancy virus; AIDS, acquired immunodeficiency syndiame; and CT, counseling and lesting. Counselors informed CT clients about 180 persons surveyed in 1987 and 1988 tested most could not correctly iden- HIV reporting requirements through would not be tested if positive results tify their state's reporting policy." An verbal counseling. informed consent had to be reported to health officials or if analysis of data from the 1988 AIDS forms, or information pamphlets (Table partner notification ("contact tracing") Knowledge and Attitudes Survey of 4). The methods used to inform health were conducted. These surveys on the more than 20000 people also found no care providers and the public about HIV perceived and hypothetical barriers to relationship between HIV reporting re- reporting requirements and the avail- testing have been reviewed by Burris, quirements and previous or planned use ability of anonymous testing services who detected a number of flaws (some of of testing.² Our results showing no large differed among aress (Table 4). which We discuss later). He concluded declines in the number of persons (over- COMMENT that they do not provide an "account of all or among high-risk groups) seeking determinants of the underlying social testing at publicly funded CT sites after ConDdential reporting of HIV-in- risk [to testing] and SQ fail to provide the implementation of HIV reporting fected persons by name to health depart- a basis for properly identifying what policies complement and confirm these ments has been controversia) and many people are afraid of through research." last 2 studies. states have been unable to implement The evidence showing an effect of HIV One reason for the differences in find- HIV reporting policies because of oppo- reporting on actual testing behavior is ings from these studies is the popula- sition in the community. One of the key scantier. In 1988, Johnson et alre showed tions studied. The studies that focused concerns about HIV reporting is that it that the rate of monthly attendance by on groups (eg, MSM or persons seek- might deter people at risk from being MSM at an alternative HIV test site de- ing anonymous teating that have B. tested 01 seeking care In a recent posi- creased 61% in the first 24 months after granter interest in confidentiality and tion statement, the American Civil Lib- the reporting of HTV-positive persons discrimination issues were more apt to erties Union stated that "name report- by name became mandatory in South find significant concerns about HIV re- ing is a counterproductive public health Carolina. In contrast with these reports, porting. Most of the persons in the 1988 measure that will cause individuals to B multistate survey of high-risk popula- general population survey were low- avoid testing." The evidence on which tions conducted in 1998 found that only risk persons who would be less con- such statements are based consista 2% of people who had not been tested cerned about HIV reporting. Among mostly of surveys such as the one re- said that concern about HIV reporting highly concerned groups, either there ported by Kegeles et al, in which 60% of was the main reason they were not must be heterogeneity of opinion or the 1424 JAMA, October 28, 1998-Vel 280, No. 16 Effect of HIV Reporting on HIV Testing-Nakashima et al 800 10/28/98 WED 15:13 FAX 12/07/98 21:28 FAX AIDS Policy 009 perceived risks stated in hypothetical Many of the early surveys do not actually result In avoid- ducted before the highly effective anti- of CT coordinators and our Bite exclu- ance of testing, as suggested by the lack retroviral therapies became available. sion criteria, to account for some of the of declines in testing among MSM in our As therapies have improved, the advan- main factory that coincided with the study. We found declines in testing tages to the patient of early diagnosis implementation of HIV reporting. Fi- among blacks and injection drug users in and treatment can provide a powerful nally, these data are not representative Louisiana, Michigan, and New Jersey uf- incentive to testing. and those advan- of testing trends in the offices of private ter HIV reporting began. In New Jer- tages may outweigh concerns about HIV physicians or other settings where per- sey, the declines were less than 2% and reporting. Since the early years of the sons may be tested. Despite these lími- were within the range expected for rou- spidemic, thore has also been consider- tations, the number and variety of pub- tine year-to-year variation. In Louisi- able experience with the security and licly funded CT Bites and the large num- ana, the declines were consistent with confidentiality of AIDS case-reporting bers of persons who use those testing overall declinesin testing that werepres- data and with issues of discrimination, services make it unlikely that a large ad- ent before HIV reporting was imple- which may have allayed the concerns of verse effect of HIV reporting on testing mented, he evidenced by the lack of alg- persons considering HIV testing. Case- would have been missed. nificant differences in trends before and reporting data for AIDS have been With the changing trends in clinical after HIV reporting. The declines in heavily relied on to allocate resources AIDS incidence (-6% between 1995 and Louisiana may have been related to and services for infected patients. Popu- 1898) and AIDS deaths (-23% between changes in CT program policy that were lations who benafit from these services 1995 and 1996) brought about by im- occurring during the study period. For may understand the need for this infor- proved therapies,4 information on HIV- example, many CT sites in this state had mation and be willing to provide it.28 infected non-AIDS cases obtained through to be excluded from the analysis because Anonymous testing was available in 4 HIV case reporting will be needed for they had stopped offering testing due to of the states in our study. Reports have monitoring, planning, and allocation ofre- the low number of HIV-positive persons suggested that the introduction of sources for prevention and clinical ser identified. In addition, many CT sites TV- anonymous testing increases testing in vices." As states implement confidential peatedly test low-risk clients; over time, high-risk populations¹ and the elimi- HTV reporting policies, these date indi- these sites may counsel persons at lower nation of it decreases testing in these cate that the impact of surveillance on risk to return for testing less often. groups. 20-31 In Nevada and Tennessee, those seeking HIV testing will be small The declining trends for blacks and in- where anonymous testing was not avail- and should not hinder HIV prevention jection drug users in Michigan were dif- able, overall testing increased after HIV efforts. ficult to interpret because we were not reporting, however, E small decline in able to define a date of HIV reporting testing occurred among MSM in Tennes- The authors thank the following people for pro- implementation. Legislation on HIV re- Bee. If there had been no access to anony- viding information about their MIV connsellng upd tasting and HIV surveillance programs: Jeffrey porting was enacted in Michigan in 1988. mous testing in the other states, more Human. MPH. Maria Ludwick, and Sue Troxler. However, because the health depart- declines in testing after HIV reporting Louisiana Department of Health and Hospitals, New ment had no infrastructure to support ad- policies might have been sean. In the Orleans; Garry Goza, MS (Lansing), Kris Judd (Lan- ditional data collection, HIV case re- states where we could evaluate anony- stree). Eve Mokatoff, MPH (Detroit), and Liisa Randall (Lansing), Michigan Department of Com- ports were not actively solicited from mous VS confidential testing, the per- munity Health; Tina Brubaker, MPH, and Steve physicians, clinicians, laboratories, and in- centage of tests that were anonymous Jackson, Nobraska Department of Health and Ho- stitutions until April 1992. The active so- decreased from 15% to 18% in Louisiana man Services, Lincoln: Bill Hill and Elok Raich, licitation of case reports was focused and increased from 43% to 50% in Ne- Navada Department of Human Resources, Carson City: Semuel Coara, M.A. and Helene Cross, MA, New mostly on public providers and was not EC- braska before and after HIV reporting. Jarsey Department of Health and Senior Services, companied by publicity. Most clients at CT From these results we conclude that Trenton; Chris Freeman and Herb Stone MSSW, sites were probably unawars of this there may be some persons who wish to Tennessee Department of Health, Nashville. change in policy. In addition, Magic test anonymously and concur with the References Johnson's announcement was espe- recent recommendation of the Council of 1 Century for Disease Control and Prevention, 19PS cially felt in Michigan because he had once State and Territorial Epidemiologiste Revised classification system for HIV infection and lived there. His announcement was made that states considering HIV reporting expanded survaillance cuke definition for AIDS in November 1991; in our analysis, the data policies should make anonymous testing among adolescents and adults- MMWR Morb Mar- for the year before HIV reporting in- available. lal Whiv Rep. 1992;q1(No. RR-17):1-19. cluded the months immediately after the The HIV CT data system has a num- 2. Centern for Disease Control and Prevention. HIVIAIDS Surreillance Report. Atlanta. Ga: Cen- announcement. The decline in the num- ber of limitations because it is designed tare for Disease Control and Prevention: 1997.12. ber of tests after HIV reporting could have to measure delivery and use of testing Report 9. been an artifact caused by a return to base- services, not to support a rigerous analy- a. Gestin LO, Ward JW, Baker AC, National NIV line levels of testing after a transient in- case reporting for the United States-a defining TOO- sis of testing patterns. The system mea- ment in the history of the spidemic. N Engl J Mad. crease following the announcement To sures the number of tests rather than 1997;337:1162:1167. further substantiate this, we examined ad- the number of persons tested; thus, 4. Centers for Disease Control and Prevention. Up- ditional data from Michigan 1 year after people may be tested multiple times and date: trands in AIDS incidence-United States, 1996. the study period; the number of tests for the results cannot be identified as com- MMWR Morb Murial Wklv Rep. 1997;40)861-807. blacks had increased 9% (from 21 792 to 1 Forhes A. Naming names-mandatory name- ing from repeat tests. Each state CTpro- based HIV reporting Impact and alternatives. 23.726), and the number of tests for injec- gram is unique and policy changes (eg, in AIDS Policy Law. May 1985:1-4. tion drug usars had increased 15% (from funding, personnal, testing resources, 5. Should HIV Tout Results Ba Reportable? A Dis- 2847 to 2633). These levels were similer advice given by counselors on when to exaston of the Key Policy Questions Washington, DC: AIDS Action Foundation; 1893. to the levels in the year before the study return for retesting, site selection), me- 1. Fuhrs L. Flaming D, Foster LE, at al, Trial of period: 391 tasts for blacks and 3158 dia events, availability of other testing anonymous versus confidential human immunode- ISSIS for injection drug users. services in the community, and many floiency virus casting. Lanool 1988;2:972-282 Another reason for differences in re- other factors unrelated to HIV report- B. Kagalus SM, Coates TJ, Lo B, Catania JA. Man. datory reporting of HIV tosting would CeLer men sults may be the timing of the studies. ing may have affected the secular trends from buing tasted. JAMA. 1999;281:1275-1278 JAMA. October 28. 1988-Voi 280, No. 16 Effect of HN Reporting on HIV Testing-Nakashima SI al 1425 600 FAX 15:14 WED 10/28/98 12/07/98 21:28 FAX AIDS Policy 010 9. Fordyce JE, Sambuls S, Stanuburner R Manda Longitudinal Date. Osfard, England: Clarander testing policies to provious and planned verunuary tury reporting of human Immunodeficiancy virus Preas: 1994. 088 of HIV testing. J Acquir Immens Dafia Syndr. testing world duter blacks and Hispanics from bo- 18. Thall PF, Vall SC. Somo coveriance models for 1994;7;468-403. ing tasted JAMA. 1980;252:840. longitudinal count data with overdisparaion. Bio- 24. Francis DP, Singlaton JA. Reporting of HIV-1 10. Kegales SM, CatamaJA, Coatsy TJ, Follack LBC, matrica. 1990;46:357-671. infection through providen of execential services. La B. Many people who week anonymous HIV-an- 19. Contern for Disease Control and Provention J Accide Immere Defic Syndr. 1998;6:285-286. tibody testing would avoid It under other airoum- Sexual risk behavires of STD clinic patients before 27. Hirans D. Gallert GA, lieming K, Boyd D, En- AIDS. 1984:4:585-587. and after Elarvin "Magic" Johnson's HIV-infection glender SJ, Hawks H Anonymous HIV testing: the 11. Mysts T, Orr KW, Locker D, Jackson EA. Fac- announcement-Maryland, 1991-1992 MMWR impact of availability on demand in Arizona. Am J tors affecting guy and bisexual man's decisions and Morb Mortal Wkly Rep. 1993;32:45-48. Public Health 1834:54:2003-2010. to suck HIV testing. Am I Public Health 20. American Civil Liberties Union. HIV Survoil- 28. Hnrworth T. Hoffman E. Cohn D, Davidson A. 1993;89:701-704. Lanes and Name Reporting: A Public Health Class Ananymous HIV testing: does it attract elients who 12. Peterase DR, Benak MH, Etacl M, Reed GM. An for Protecting Civil Libortian Washington, DC; would not Beek confidential Lesting? AIDS Public assessment of the impact of mandatory name re- American Civil Liberties Union; 1997. Policy J. 1994;8:182-189. porting on HIV texting and Creatment Abstract 21. Burris in Driving the epidemic underground? a 20. I, Lee LW, Hoye C. HIV test- presented at. XI International Conference on AIDS; new lank at law and the social risk of HIV tenting. swoking before and after the restriction of anony- July 11, 1900; Vancouver, British Columbia AIDS Public Policy J. 1987:12:66-78. mous testing in North Carolina. Am J Public Health 13. Centers for Disease Control and Prevention. 22. Johnson WD, Francisco ss, Jankwon KL. The 1996;86:1446-1450. HIV Commenting. Testing, and Referral Standards impact of mandatory reporting of HTV screpositive 80. Irwin KL, Valdisorri RO. Holmberg SD. The and Guidstines, Atlanta, Ga: Centers the Diseuse persons in South Carrina Abstract presented at - of voluntary HIV antibody tasting in Control and Prevention: 1004. IV International Conference on AIDS; June 14, the United States: 4 decade of lessons learned. 14. Centers for Disease Control and Provention. 1988; Stockholm, Sweden. AIDS. 1996;10;1707-1717. HIV Counseling and Testing in Publicly Funded 23. Lohman JS, Hecht FM, Floming PL, of nl. HIV al. Kunnisy WJ, Merlwother RA, Klimko TH. Poter- Sites: 1006 Annual Repart. Atlanta. Ga: Centers for testing behavior among at-risk populations: why do man TA, Zaldi A. Ellminating access to Anahymous Disease Centrol and Prevention; 1998. persons seek, defer, or avoid gutzing tested in the RIV entibody testing In North Carolina: effects on 15, Weber JT. Frey RL, Horsley R. Gwinn ML United States? Abstract presented at: XII Interna- HIV casting and partner notification J Acroan Im. Publicly funded HIV counscling and tasting in the tional Conforence on AIDS; July 1, 1908; Geneva, mine Defic Syndr Hum Retroviral. 1997;14:281-289. United States, 1982-1995. AIDS Educ Prov. sparie Swhzerland. 32. Council of State and Territorial Epidemiclo- (suppl B).79-91. B4. Heoht FM, Colman S, Lehman IS, at nl. Named gists. Position statement: national HIV survail- 16. SAS Institute INC SAS/STAT Software: reporting of HIV: attitudes and knowledge of those lance: addition to the National Public Health Sur- Changes and Enhancements for Release 6.JE. Cary, at risk [abstruct]. I Gra Intern Med 1937;12(supp) vallinoe System. Prosented at: Annual Meeting of NC: SAS Institute Inc; 1008-88-41. 11:108. Council of State and Territorial Epidemiologiats; 17. Diggis PJ, Linng RY, Zeger SL. Analysis of = Philips KA. The relationship of 1988 state HIV June 16, 1007; Saratoga Springs, NY. 1426 JAMÁ, October 28, 1898-Vol 280, No. 16 Enect of HN Reporting on HIV Testing--Nakachima of al OTO 10/28/98 WED 15:15 FAX DEC. 09' 98 (WED) 19:31 OASPA NEWS DIV TEL: 202 690 6247 P. 002 FOR INTERNAL USE ONLY December 9, 1998 6:05 p.m. Q&A on CDC Draft Guidelines for HIV Surveillance Q: What is CDC recommending and why? A. CDC is recommending that states implement HIV surveillance systems to build on their existing AIDS surveillance systems. Treatment advances have slowed the progression from HIV to AIDS for many individuals, so data on AIDS cases alone cannot provide adequate information to direct prevention efforts to communities currently at greatest risk. Without improved data, the nation could be soon fighting an rapidly evolving epidemic with outdated information. After extensive work with state health departments and community HIV/AIDS organizations, CDC has released draft guidelines to assist states in the design and implementation of effective HIV surveillance systems. These guidelines include very specific standards for both quality and confidentiality, reflecting CDC's responsibility to balance the need for better data with legitimate concerns about confidentiality and security. They also stress the continued importance of anonymous testing as an essential component of any surveillance system. While the guidelines set out strict confidentiality and quality standards for HIV surveillance data, they do not dictate the type of surveillance system used to gather those data. CDC does believe that, based on its review of currently available studies of name-based reporting systems, that such systems are most likely to provide data that meets the quality standards. However, a state can use any surveillance system that meets the performance criteria specified by CDC. ON we Cre 6 stite activities to Q: Will states be required to conduct name-based HIV reporting? more is the Anstru A. No. Our draft policy allows flexibility for states to choose the surveillance systems they deem most appropriate. The focus is on the quality of the data gathered and the security and confidentiality of the surveillance system. CDC will provide technical assistance and funding to states working to design HIV surveillance systems - both those using unique identifiers or name-based systems. Lore CDC believes that name-based systems have a proven track record of providing quality data in a confidential and secure manner. The AIDS surveillance system, which is in place in all states, is a name-based system that has produced high quality data with only a few instances of security breaches. However, CDC recognizes that some states may choose to design alternative systems that use unique identifiers instead of names. While CDC has evaluated on type of UI system DEC. 09 98 (WED) 19:32 OASPA NEWS DIV TEL: 202 690 624/ P. 003 - 2 . and found problems in the quality of data produced, there is currently no evidence suggesting that unique identifier systems cannot be designed and implemented in a manner that consistently provides state public health officials with accurate and reliable data. CDC therefore encourages states to develop a surveillance system that best protects the confidentiality and privacy of their constituents while providing critical data on the scope of the HIV epidemic. Given the importance of these data for directing services and care to individuals with HIV infection, all states will be required to meet the specified performance criteria regardless of the type of system implemented. CDC will provide technical assistance and support to all the states working to implement new HIV surveillance systems, including those that are name-based and those that use unique identifiers. Q: How will surveillance systems be evaluated? A. The criteria include strict confidentiality procedures and protections, quality standards for data to ensure completeness, timeliness, unduplicated reports, and the ability to follow up with providers on cases of public health importance when additional epidemiologic information is needed. CDC will work closely with states through a transition period over the next several years. When the transition is complete for an individual state, CDC will evaluate and award proposals for Federal funding of state and local surveillance programs based on their capacity to meet the performance standards. Q: Will states that don't implement HIV reporting lose funding? A. CDC will continue to fund all states to conduct HIV and AIDS reporting. However, we believe that a state's capacity to accurately monitor and forecast the HIV epidemic on the local level will be less complete without an effective HIV reporting system. States relying solely on AIDS reporting may not be able to accurately depict and predict the course of their epidemics. CDC will work closely with states to help them meet performance standards. Over time, a state's ability to provide accurate and complete surveillance will be reflected in the level of CDC funding. Q: Is CDC setting its standards for quality too high? A. No. The goal is to collect the data we need for public health, while protecting privacy and confidentiality. As the nation's prevention agency, CDC must ensure that surveillance systems provide a reliable means of directing and evaluating HIV prevention and treatment efforts at a national, state, and local level. At the same time, CDC must balance the need for data with an equally important obligation to insist that the private information used in these surveillance systems is gathered and maintained under rigorous standards of confidentiality and security. The standards articulated in the guidance reflect that necessary balance. CDC has established standards for the quality of data necessary to DEC. 09 98 (WED) 19:32 OASPA NEWS DIV TEL: 202 690 6247 P. 004 . 3 . make informed decisions about fighting the epidemic. Setting standards too high might force states to implement more intrusive surveillance systems that might cause resistance to testing and would therefore be counterproductive. Q. If name-based systems work, why are you allowing states to try unique identifier systems? A. CDC believes that the issue here is the quality and security of the data, not the system to gather those data. This epidemic varies significantly across the country, and states should have the flexibility to assess their own unique needs and resources and make a determination as to the kind of HIV surveillance system utilized to collect data CDC believes that name-based systems have a good track record and can be relied upon to gather good data. However, some states have expressed an interest in pursuing systems that use unique identifiers in order to reduce the concerns about confidentiality that might negatively influence testing behaviors. Because it is so critically important for individuals at risk to know their HIV status, and for those that are infected to access care as soon as possible, concerns about confidentiality - whether or not they are justified - must be taken into account. Therefore CDC will work with those states that want to establish unique- identifier-based surveillance systems that they believe will help in maximizing access to HIV testing. Q: Why are the guidelines being published in draft form? A. CDC recommendations are often published in draft form to allow for a public comment period. This process is designed to ensure that the recommendations promote the best possible public health approaches. We worked with state health departments and local advocates to draft these guidelines, and we look forward to more input from the public as the process continues. After the public comment period, which runs from December 10, 1998 to January 9, 1999, the guidelines will be modified as needed and published in the Morbidity and Mortality Weekly Report. Name-Based HIV Reporting Q: Does name-based HIV reporting mean CDC has a list of names of infected individuals? A. No. CDC does not now - nor will it in the future - maintain a list of names of individuals in either AIDS or HIV reporting systems. Names are always removed by state health departments before any data are sent to CDC. Q: How do states that already have name-based HIV reporting use the names? A. State surveillance staff use the names as the identifier to ensure that HIV data are complete, accurate, and reliable for directing programs and resources. More specifically, the name is used to identify and eliminate duplicate reports on the same individual; to DEC. -09 98 (WED) 19:52 OASPA NEWS DIV TEL: 202 690 6247 P. 005 - 4 - conduct necessary follow-up with the health care provider if additional epidemiologic information is needed; to link to name-based AIDS and death registries; to link the information with other name-based public health data systems such as tuberculosis registries if necessary; and, in some states, to evaluate referrals to prevention and care services. Q: Does name-based reporting mean health departments will begin notifying partners of those Infected? A. Partner notification and HIV/AIDS reporting are both important, but separate public health activities. They need not be linked to be done effectively. CDC already requires states to have voluntary partner notification programs in place and partner notification is conducted in all states, including those that do not have name-based HIV reporting. Additionally, these programs are, by definition, voluntary, since the infected person must choose to participate in discussions about partner notification and provide the names of partners to be contacted. Partner notification is conducted at both anonymous and confidential test sites. Q: Who will have access to the HIV reports that include names? A. CDC program guidance specifies that only select staff at state health departments should have access to these data and they should be used only for public health purposes. All of these individuals must be trained in confidentiality procedures and must be made aware of penalties for unauthorized disclosure of reporting information. HIV and AIDS data have the strictest and most comprehensive protections of any health data in the nation, and efforts are underway to strengthen these protections even further. Q: What protections are in place to ensure confidentiality of name-based reports? A. HHS and CDC are extremely concerned about HIV data remaining confidential. The draft guidance document outlines performance criteria to ensure the quality and confidentiality of HIV data. These criteria include strict confidentiality procedures and protections such as using a single registry, eliminating paper reports, using computer encryption techniques, setting up physical security and limited access to data, and penalties for abuse. To date, states have maintained an exemplary record in protecting the confidentiality of HIV/AIDS data. Since 1981 there have been few reported breaches of confidentiality in state AIDS reporting systems. However, concerns about confidentiality of HIV/AIDS status are real, and deserve special consideration. One important security measure CDC is now making available to states is the option of using a double-keyed encryption program. With this system, names and other identifying DEC. -UY 98 (WED) 19:02 OASPA NEWS DIV TEL: 202 690 6247 P. 006 " 5 - information may only be accessed with both the key (password) held by the state and the key held by CDC. Additionally, a review of local laws by the Georgetown/Johns Hopkins Public Health Law Project found that laws protecting state-held HIV/AIDS data are stronger than the laws regarding privately held data. CDC is also working with the Georgetown/Johns Hopkins Public Health Law Project to develop model legislative language to protect confidential, identifiable information held by state and local public health departments against unauthorized and inappropriate use, while still allowing the use of surveillance information to accomplish legitimate public health objectives. Q: Is name-based reporting used for other STDs? A. Name-based reporting is routinely used for all reportable STDs and other notifiable diseases (i.e., chlamydia, gonorrhea, AIDS, tuberculosis, lyme disease, measles, etc.). For all of these diseases, as well as for AIDS cases, names are collected only at the state level. CDC does not receive names with the data. Unique-Identifier Systems Q: Can a unique-identifier (UI) system be used instead of name reporting? A. Yes. CDC's draft policy allows flexibility for states to choose the surveillance systems they deem most appropriate. CDC will continue to provide technical assistance to states working to design systems that rely on codes or "unique identifiers" (UIs) rather than names. Q: Are UI systems anonymous and completely confidential? A. No, a UI system is not completely anonymous. A UI must contain enough information, such as all or part of a Social Security Number in combination with other elements to identify a specific individual. Additionally, for the follow-up of UI-based cases, providers must maintain logs or other forms of documentation linking the UI to the name-based medical records. This process may pose additional confidentiality risks if physician-held surveillance registries are not protected by state confidentiality statutes or are located in non-secure areas. However, CDC will provide states that choose to use UI with any technical assistance they need. Q: Will CDC assist states who choose to implement UI-based systems? A. CDC has and will continue to provide technical assistance to states working to design systems that rely on codes or "unique identifiers" rather than names. Over the next several years, CDC will assist all states in implementing HIV surveillance systems, evaluating current performance levels, revising systems as necessary, and reassessing performance. DEC. 09 98 (WED) 19:32 OASPA NEWS DIV TEL: 202 690 6247 P. 007 - 6 Testing Q: Does HIV reporting require the elimination of anonymous testing? A. No. Not only does CDC continue to strongly support anonymous HIV testing, but it requires states to have anonymous testing systems in place, unless they are forbidden by state law. CDC studies indicate that the lack of anonymous testing options serves as a major deterrent to testing in some high-risk populations. Maintaining anonymous test sites is important for prevention efforts and will not seriously inhibit our ability to track the epidemic. Eleven states currently do not have anonymous testing. CDC has recommended that these states review and reconsider their policies regarding anonymous testing. Q: What are the 11 states that do not offer anonymous testing? A. Alabama, Idaho, Iowa, Mississippi, Nevada, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee, and Wyoming. Q: Does HIV reporting deter people from getting tested? A. CDC studies conducted to date suggest that name-based HIV reporting has not served as a major deterrent to testing. For example, CDC has worked with six health departments to evaluate HIV testing patterns in the 12 months before and the 12 months after the implementation of HIV reporting. In these areas, the number of HIV tests increased in four states, and declined in two. The declines were not statistically significant and followed a decreasing trend in testing that began before the implementation of reporting. However, CDC recognizes that for some people name reporting may serve as a deterrent. The agency therefore strongly supports that anonymous testing be made available. As additional areas implement HIV reporting, CDC will continue to conduct evaluations to monitor the impact of policy changes on testing behaviors. Q: What will be effect of National HIV Case Surveillance on reporting trends? We expect the number of HIV cases reported nationally will increase primarily because of the implementation of HIV surveillance by the remaining states and local areas. CDC estimates that as many as 220,000 have been diagnosed with HIV in confidential testing settings and reside in states that do not currently conduct HIV case surveillance. Similar to the effect on AIDS surveillance trends after the implementation of the revised reporting criteria in 1993, the initiation of HIV surveillance by additional states may result in a sudden and large increase in HIV case reports. However, it is more likely that reporting of prevalent HIV infections will be spread over several years and that the annual increases will be more modest. DEC, - -09' 98 (WED) 19:32 OASPA NEWS DIV TEL: 202 690 6247 P. 008 - 7 - Privacy Q. How does this fit in with the Department's overall privacy goals? The guidelines are consistent with the goals Secretary Shalala outlined in her testimony before Congress on the Health Insurance Portability and Accountability Act (HIPAA). Briefly, these guidelines say that privacy protections must be balanced with the public responsibility to support national priorities - like public health, research, quality care, and our fight against health care fraud and abuse. Data must be available to those who need it for legitimate reasons, but security measures must be required to protect the information against improper use by employees, or threats from the outside. Organizations hired by providers and payers to process information and complete other tasks should also be bound by these requirements. ### CRICTOR 707 VVJ 07:11 DRI CHIEF OF STAFF V 001 FACSIMILE DATE: 12/17 TO: Sarah Bianch /Curis Jennings FAX#: 456.5557 FROM: Elizabeth Summy Deputy Chief of Staff Phone: 202/690-7431 Fax: 202/401-5783 COMMENTS: HIVIAIDS grant announcement Please call. 5 Pages [including this cover] 202 4010700 or DIATT 2002 #337 DRAFT DRAFT: FY 1999 TITLE I FORMULA, SUPPLEMENTAL AND CBC AWARDS 12/10/98 FOR IMMEDIATE RELEASE Contact: HRSA Press Office (once cleared & CLO embargo lifted-12-16 or 17) 301-443-3376 $479 MILLION AWARDED FOR HIV/AIDS CARE IN HIGH INCIDENCE AREAS HHS Secretary Donna E. Shalala today announced nearly $479 million in Ryan White CARE Act grants to fund primary health care and support services for low-income individuals and families in 50 eligible metropolitan areas hardest hit by the HIV/AIDS epidemic. Part of these funds are targeted to 47 EMAs with high numbers of affected African American and Hispanic populations under a special Clinton administration initiative with the Congressional Black Caucus to address the greater burden of HIV/AIDS on racial and ethnic minorities. Under Title I of the Ryan White CARE (Comprehensive AIDS Resources Emergency) Act, 50 EMAs are receiving formula grant awards based on the number of people in the EMA living with HIV disease. Competitive supplemental awards based on severe need and other criteria, also are going to all EMAs except Las Vegas, Nevada and Norfolk, Virginia, which are two newly designated EMAs and will receive supplemental funding early next year. "The CARE Act helps us reach those who might fall between the cracks, and Title I is our primary mechanism for funding HIV care in urban areas with greatest need," said Secretary Shalala. "Our initiative with the Congressional Black Caucus further targets racial and ethnic minorities by helping us mobilize effective prevention efforts and provide equal benefits for minority populations." -more- FAA 202 4015783 CHIEF or STAFF 003 DRAFT 337 Title I grants provide essential HIV/AIDS health care and a wide range of support services to those who lack or are only partially protected by health insurance, including physician visits, case management, assistance in obtaining medications, home-based and hospice care, substance abuse and mental health services and other related services. To qualify for Title I funding, an EMA must have a population of at least 500,000 and have reported more than 2,000 AIDS cases in the most recent five calendar years. "This marks the first year that we have received extra funds targeted specifically to African Americans and Hispanics," said Claude Earl Fox, M.D., M.P.H., administrator of HHS' Health Resources and Services Administration, which oversees the CARE Act through its HIV/AIDS Bureau. "These funds provide added resources to more than 1,300 HIV care providers. In 1996, more than 60 percent of their clients were African American and/or Hispanic." Other HRSA-administered CARE Act programs fund HIV/AIDS services in states and eligible U.S. territories (Title II); provide support to public and nonprofit organizations for outpatient early intervention services and planning grants (Title III); fund special programs for improving access to care for women, youth, adolescents and families (Title IV); demonstrate and evaluate innovative models of care for historically underserved populations (Special Projects of National Significance Program); oversee a regional network for educating and training AIDS care providers (AIDS Education and Training Centers Program); and provide reimbursement for uncompensated costs in treating dental patients with HIV (HIV/AIDS Dental Reimbursement - more - THU 14:24 FAX 202 4015783 CHIEF OF STAFF VI 004 DRAFT #337 Program) . Title II also supports the AIDS Drug Assistance Program (ADAP), which helps support the cost of medications that prolong and improve the quality of life for uninsured individuals and others unable to pay. Since FY 1991, the Clinton Administration has awarded close to $6.4 billion in CARE Act funds. It is estimated that more than 400,000 individuals affected by HIV/AIDS access CARE Act services each year. A list of the 50 EMAs and Title I grant awards, which include the CBC awards, is attached. ### Note: HHS press releases are available on the World Wide Web at: http://www.hhs.gov. 4010700 or STAFF VII UU5 Ryan White CARE Act DRAFT #337 FY 1999 Title I Awards Eligible Metropolitan Area Title I Award CBC Award Atlanta, Ga. $13,147,268 ($157,991) Austin, Texas $3,175,509 ($27,997) Baltimore, Md. $13,478,549 ($202,463) Bergen-Passaic, N.J. $4,320,176 ($48,163) Boston, Mass. $10,647,381 ($68,508) Caguas, Puerto Rico $1,610,314 ($29,348) Chicago, III. $18,227,884 ($191,570) Cleveland, Ohio $2,933,058 ($31,148) Dallas, Texas $10,164,078 ($82,552) Denver, Colo. $4,150,341 ($19,265) Detroit, Mich. $6,585,744 ($73,909) Dutchess County, N.Y. $1,220,662 ($12,153) Ft. Lauderdale, Fla. $10,810,324 ($118,291) Ft. Worth, Texas $2,935,543 ($21,606) Hartford, Conn. $4,019,409 ($48,703) Houston, Texas $15,489,996 ($177,707) Jacksonville, Fla. $3,683,146 ($41,591) Jersey City, N.J. $5,015,785 ($63,737) Kansas City, Mo. $2,952,910 ($16,204) Las Vegas, Nev.* $1,800,211 ($25,747) Los Angeles, Calif. $33,540,737 ($261,519) Miami, Fla. $21,248,387 ($279,163) Middlesex-Somerset-Hunterdon, N.J. $2,555,029 ($26,467) Minneapolis-St. Paul, Minn. $2,548,603 ($12,783) Nassau-Suffolk, N.Y. $5,632,012 ($49,963) New Haven, Conn. $6,100,471 ($62,746) New Orleans, La. $5,695,360 ($68,148) New York, N.Y. $96,961,856 ($1,260,780) Newark, N.J. $14,390,269 ($192,110) Norfolk, Va.* $1,948,137 ($49,963) Oakland, Calif. $6,218,532 ($55,004) Orange County, Calif. $4,300,690 ($23,586) Orlando, Fla. $4,907,180 ($54,824) Philadelphia, Pa. $16,011,451 ($205,884) Phoenix, Ariz. $3,865,319 ($19,445) Ponce, Puerto Rico $2,487,768 ($33,849) Portland, Ore. $3,115,251 $0 Riverside-San Bernardino, Calif. $6,463,388 ($36,460) Sacramento, Calif. $2,578,873 ($12,423) St. Louis, Mo. $3,664,771 ($33,669) San Diego, Calif. $8,872,685 ($52,934) San Francisco, Calif. $36,218,513 ($67,788) San Jose, Calif. $2,486,136 ($15,214) San Juan, Puerto Rico $11,912,865 ($217,047) 12/17/98 180 14.24 ГАД 202 4010700 CHIEF or START DRAFT #337 @000 Santa Rosa, Calif. $1,127,018 $0 Seattle, Wash. $5,303,343 $0 Tampa-St. Petersburg, Fla. $7,236,728 ($48,163) Vineland-Millville-Bridgeton, N.J. $688,648 ($8,732) Washington, D.C. $18,322,558 ($259,988) West Palm Beach, Fla. $6,711,944 ($87,953) TOTAL $479,482,810 * *Includes formula funding and CBC award only. Hivacc98 wpd Page 1 | The Clinton-Gore Administration: A Record of Responding to HIV and AIDS "Eleven years ago, on the first World AIDS Day, we vowed to put an end to the AIDS epidemic. Eleven years from now, / hope we can say that the steps we took today made that end come about." -- President Clinton, December 1, 1998 (World AIDS Day) "We are united in the fight for research, care, and prevention. And we will not stop until all who need it have access to the treatment they need. We will not rest until we have a vaccine -- and a cure." --Vice President Gore, September 19, 1998 Improving Health Care Quality and Increasing Access Providing National Leadership. President Clinton has worked hard to invigorate the response to HIV and AIDS, providing new national leadership, substantially greater resources and a closer working relationship with affected communities. Since taking office, funding for AIDS research has increased by over 65 percent, and funding for HIV prevention has increased 34 percent; funding for the Ryan White CARE Act has increased by over 240 percent. Although much work remains to find a cure, progress has been made. In 1996, the first time in the history of the AIDS epidemic, the number of Americans diagnosed with AIDS declined. And between 1996 and 1997, HIV/AIDS mortality declined 47 percent, falling from the leading cause of death among 25-44 year olds in 1995 to the fifth leading cause of death in that age group. There has been a decline in the number of AIDS cases overall and a sharp decline in new AIDS cases in infants and children. Leading the Global Fight Against HIV/AIDS. On December 1, 1998 (World AIDS Day), the President announced a new $10 million initiative at USAID to address the growing crisis of children orphaned by AIDS. The United States has invested over $1 billion in international AIDS relief since the start of the epidemic and funds 25% of UNAIDS. In fiscal year 1999, the NIH will invest over $164 million in critical research projects aimed at reducing the number of AIDS orphans by preventing and treating HIV/AIDS internationally. Hivacc98 wpd Page 2 Historic $156 Million Effort to Address HIV/AIDS in Communities of Color. African Americans and other racial and ethnic minorities make up the fastest growing portion of the HIV/AIDS caseload. As part of the FY99 budget, the Clinton Administration fought for a comprehensive new initiative that invests an unprecedented $156 million to improve the nation's effectiveness in preventing and treating HIV/AIDS in the African American, Hispanic and other minority communities. Protecting Medicaid and Social Security Coverage. The President fought for and won the preservation of the Medicaid guarantee of coverage which serves more than 50 percent of people living with AIDS -- and 92% of children with AIDS -- who rely on Medicaid for health coverage. He also revised eligibility rules for Social Security Disability Insurance to increase the number of HIV + persons who qualify for benefits. Focusing National Efforts on an AIDS Vaccine. In May of 1997, the President challenged the nation to develop an AIDS vaccine within the next ten years. He announced a number of initiatives to help fulfill this goal, including: dedicating an AIDS vaccine research center at the National Institutes of Health and encouraging domestic and international collaboration among governments, medical communities and service organizations. On World AIDS Day 1998, the President announced $200 million in funding for vaccine research at the NIH, a $47 million (33%) increase over the previous fiscal year. Dramatically Increasing Overall AIDS Funding. The Clinton Administration has responded aggressively to the significant threat posed by HIV/AIDS with increased attention to research, prevention and treatment. President Clinton increased public health spending for major HIV/AIDS programs by over 100 percent, funding for the Ryan White CARE programs has increased 266 percent and support for AIDS-related research has increased by 67 percent. Increasing AIDS Drug Assistance and Accelerating AIDS Drug Approvals. Funding for AIDS drug assistance has increased from $52 million per year to $385 million per year during the Clinton Administration. This program provides new life-prolonging drugs to people with HIV and AIDS. In addition, President Clinton convened the National Task Force on AIDS Drug Development, and removed dozens of bureaucratic obstacles to the effective and decent treatment of people with AIDS. Since 1993, the Food and Drug Administration has approved more than a dozen new AIDS drugs and important diagnostic tests. Making Research a Priority. In one of his first acts in office, President Clinton signed the National Institutes of Health Revitalization Act of 1993, placing full responsibility for planning, budgeting and evaluation of the AIDS research program at NIH in the Office of AIDS Research. The Administration has increased Hivacc98 wpd Page 3 NIH AIDS research funds by 67% in five years. Focusing on Prevention: Supporting the Centers for Disease Control and Prevention. The Administration has increased funds for HIV prevention at the CDC by 34% in five years. Under the leadership of the Clinton Administration, the CDC reorganized its AIDS prevention efforts to foster greater overall coordination and enhance efforts to reduce sexually transmitted diseases and tuberculosis. Hivacc98.wpd Page 4 Educating Young People about the Dangers of AIDS. The Clinton Administration launched the Prevention Marketing Initiative, focusing on the risk to young adults (18-25) with frank public service announcements recommending the correct and consistent use of latex condoms for those who are sexually active. Requiring the Federal Workforce to Understand AIDS. The Administration issued a directive on September 30, 1993, that requires every Federal employee to receive comprehensive education on HIV/AIDS. Established a White House AIDS Office and Created a Presidential Advisory Council. President Clinton created a White House Office of National AIDS Policy to bring greater direction and visibility to the war on AIDS. Sandy Thurman, the current director of the office, has broad experience in both domestic and international AIDS services. At the same time, the Administration has sharpened the focus of its AIDS programs. The President also created the Presidential Advisory Council on HIV and AIDS to provide him and his Administration with expert outside advice on the ways in which the Federal government should respond to the HIV/AIDS epidemic. Dr. R. Scott Hitt, a California physician specializing in HIV/AIDS care, chairs the panel. Convened the First Ever White House Conference on HIV and AIDS. On December 6, 1995, the President convened the first White House Conference on HIV and AIDS in the history of the epidemic, bringing together more than 300 experts, activists and citizens from across the country for a discussion of key issues. SELECTED HIV/AIDS FY99 Increase Increase INVESTMENTS from FY98 from FY93 Ryan White CARE Act $1.4 billion 23% 266% AIDS Drug Assistance $461 million 61% 787%* HIV Prevention (CDC) $657 million 5% 34% AIDS Research (NIH) $1.8 billion 12% 67% Vaccine Research $200 million 33% 145% Housing (HUD) $225 million 10% 125% International (USAID) $131 8% 64% million * * *since FY96, when separate program established * *includes $10 million emergency funding for AIDS orphan initiative Hivacc98.wpd Page 5 ATTACHMENTS Hivacc98.wpd Page 6 REMARKS BY THE PRESIDENT ON WORLD AIDS DAY 1998 THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 1, 1998 REMARKS BY THE PRESIDENT AT WORLD AIDS DAY EVENT Room 450 Old Executive Office Building THE PRESIDENT: Thank you, Amy, for your magnificent remarks and the power of your example. Thank you, Cynthia, for coming to this big, scary crowd. (Laughter.) She was nervous. I said, well, look at the bright side -- at least you got out of school for a day. (Laughter.) I thank the other children who are here with us. And I want to thank all the members of our administration who have helped so much in this cause -- Secretary Albright; Brian Atwood; Dr. Satcher; our AIDS Policy Director, Sandy Thurman; members of the Council on HIV and AIDS. We're glad to have Nafis Sadik here, the Director of the U.N. Population Fund. Richard Socaridies from the White House, I thank you and all the other members of the administration. And I, too, want to join in expressing my appreciation to the members of Congress who Brian mentioned for their support for AIDS funding. But I especially want to thank Amy for being here and reminding us of what this is all about. When she was speaking my mind wandered back to an incident that occurred when I was running for President in 1992. Some of you have heard me say this before, but I was in Cedar Rapids, lowa, a place largely known for its enormous percentage of Czech and Slovak citizens. And there was in the crowd at this rally where I was speaking a woman who was either Czech or Slovak, probably, holding an African American baby. And I said, whose baby is this? She said, this is my baby. And I said, where is this baby from? She said, Florida, I got her from Florida. (Laughter.) And it was October in Cedar Rapids and she should have been in Florida, probably. (Laughter.) She said, this baby was born with AIDS and abandoned and no one would take this baby. This woman had her marriage had dissolved, she was raising her own children alone. But Hivacc98.wpd Page 7 because she heard about children like this wonderful little girl, she adopted this baby. And every year since, about once a year, I see this young child. I've watched her grow up now and I'm happy to tell you that six years later she's still alive and doing pretty well. She comes to the NIH for regular check-ups and she comes by the White House to see her friend. And every time I see Jimiya I am reminded of what this whole thing is about. And I think I should tell you one other thing. When Amy was standing up here with me and I was telling her what a fine job she did, she said, I'm so glad that Cynthia could be here, and that I could say Carla's name in your presence. This is, I think, very important for people who have not been touched in some personal way -- who have never been at the bedside of a dying friend, who have never looked into the eyes of a child orphaned by AIDS or infected with HIV -- to understand. And I believe, always, that if somehow we could reach to the heart of people, we would always do better in dealing with problems, for our mind always conjures a million excuses in dealing with any great difficulty. Let me begin, even in this traumatic moment, to say we have a lot to celebrate on this AIDS Day. We celebrate the example of Amy and Cynthia. Just think, a decade ago people really believed that AIDS was unstoppable; the diagnosis was a virtual death sentence; there was an enormous amount of ignorance and prejudice and fear about HIV transmission. Most of us knew people who couldn't get into apartment houses or were being kicked out or otherwise -- their children couldn't be in school because of fears that people had about it. Every day, for people who had HIV or AIDS and their families -- every day was a struggle a decade ago. A struggle for basic information, for treatment, for funding, and all too often, for simple compassion. For six years, thanks to many of you, we have worked hard to change this picture -- and so have tens of thousands of other people across our country and across the globe. We've worked hard to draw attention to AIDS and to better direct our resources by creating the Office of National AIDS Policy and the President's Council on HIV and AIDS. We had the first ever White House conference on AIDS. We helped to ensure that people with HIV and AIDS cannot be denied health benefits for preexisting conditions. We accelerated the approval of more than a dozen new AIDS drugs, helping hundreds of thousands of people with AIDS to live longer and more productive lives. Hivacc98.wpd Page 8 Working together with members of both parties in the Congress, we increased our investment in AIDS research to an historic $1.8 billion. This year we secured $262 million in new funding for the Ryan White CARE Act, providing medical treatment, medication, even transportation to families coping with AIDs. This October we declared that AIDS had reached crisis proportions in the African American, Hispanic American and other minority communities, and fought for $156 million initiative to address that. Today the Vice President is announcing $200 million in new grants for communities around the country to provide housing for people with AIDS. The results of these and other efforts have been remarkable. For the first time since the epidemic began, the number of Americans diagnosed with AIDS has begun to decline. For the first time, deaths due to AIDS in the United States have declined. For the first time, therefore, there is hope that we can actually defeat AIDS. But all around us there is, as we have heard from all the previous speakers, fresh evidence that the epidemic is far from over, our work is far from finished, that there are rising numbers of AIDS in countries like Zimbabwe, where 11 men, women, and children become infected every minute of every day. There are still too many children orphaned by AIDS, tens of thousands here in America, tens of millions in developing nations around the world. And when so many people are suffering, and with HIV transmission disproportionately high, still, among our own young people here in America, it's all right to celebrate our progress, but we cannot rest until we have actually put a stop to AIDS. I believe we can do it -- by developing a vaccine, by increasing our investment in other forms of research, by improving our care for those who are infected and our support for their families. Last year at Morgan State University, I declared that we should redouble our efforts to develop an AIDS vaccine within a decade. Today I am pleased to announce a $200 million investment in cutting edge research at the NIH to develop a vaccine. That's a 33 percent increase over last year. With this historic investment, we are one step closer to putting an end to the epidemic for all people. I'm also pleased to say that there will be more than $160 million for other new research critical to fighting AIDS around the world, from new strategies to prevent and treat AIDS in children, to new clinical trials to reduce transmission. Hivacc98 wpd Page 9 And as hard as we are working to stop the spread of AIDS we cannot forget our profound obligation for the heartbreaking youngest victims of the disease -- the orphaned children left in its wake. Around the world, as we have heard, millions of children have lost their parents. Their number is expected to rise to 40 million over the next 10 to 15 years. Some of them are free of AIDS, others are not. But sick or well, too many are left without parents to protect them, to teach them right from wrong, to guide them through life and make them believe that they can live their lives to the fullest. We cannot restore to them all they have lost, but we can give them a future -- a foster family, enough food to eat, medical care, a chance to make the most of their lives by helping them to stay in school. Today, through Mr. Atwood's agency, we are committing another $10 million in emergency relief that will, though seemingly a small amount, actually make a huge difference for many thousands of children in need around the world. I'm also directing Sandy Thurman to lead a fact-finding mission to Africa, where 90 percent of the AIDS orphans live. Following the mission she will report back to me with recommendations on what more we can do to help these children and give them something not only to live for, but to hope for. Eleven years ago, on the first World AIDS Day, we vowed to put an end to the AIDS epidemic. Eleven years from now, I hope we can say that the steps we took today made that end come about. If it happens, it will be in no small measure because of people like you in this room, by your unfailing, passionate devotion to this cause -- a cause we see most clearly expressed in the two people sitting right behind me. Thank you all, and God bless you. (Applause.) END 1:26 P.M. EST Hivacc98.wpd Page 10 REMARKS BY THE PRESIDENT ON HIV CRISIS IN MINORITY COMMUNITIES THE WHITE HOUSE Office of the Press Secretary For Immediate Release October 28, 1998 REMARKS BY THE PRESIDENT ON HIV CRISIS IN MINORITY COMMUNITIES Old Executive Office Building 5:16 P.M. EST THE PRESIDENT: Thank you and welcome, every one of you. I'd like to begin by welcoming the Mayor of Baltimore, Kurt Schmoke, and the Mayor of East St. Louis, Gordon Bush. I'd like to thank the members of Congress here behind me who are so responsible for the purpose for which we are called today. (Applause.) I want to acknowledge Congresswoman Donna Christian Green, Congressman Elijah Cummings, Congresswoman Eleanor Holmes Norton, Congressman Donald Payne. I will say more about Congresswoman Maxine Waters and Representative Lou Stokes in a moment. (Laughter.) But I want to thank them and all the members of the Congressional Black Caucus, including all the House members and Senator Carol Moseley Braun, for what they did. And then I would like to offer a special word of appreciation to senator Arlen Specter and Congresswoman Nancy Pelosi, who helped us so much to get this done. Thank you very much. (Applause.) I want to thank everyone in our administration who has worked so hard on the issue of HIV and AIDS, beginning with the Vice President who couldn't be here today, but who has worked very hard on all these issues; and Secretary Shalala; our wonderful Surgeon General, David Satcher; the Director of our AIDS Policy Office, Sandy Thurman, who has literally spent months sounding the alarm about the growing crisis in communities of color, and working to help achieve these dramatic funding increases. There is no stronger or more effective advocate. And I think we ought to thank Sandy Thurman for what she's done. (Applause.) Finally, I want to thank Denise Stokes for being here. As you will hear in a few moments, she has been living with HIV for 15 years, and has been giving so much Hivacc98.wpd Page 11 of herself to educate others. If we are to stop this cruel disease we'll have to have brave people like Denise to reach out with candor and compassion to those at risk. I really admire her very much. And you'll hear from her in a moment, but I think we ought to give her a hand for showing up today. (Applause.) We have good reason to feel encouraged that so many HIV-positive men and women are living longer and healthier lives. We should be proud that we've helped to speed the development of lifesaving therapies and nearly tripled to support those with HIV and AIDS. But the AIDS epidemic is far from over in any community in our country. Today, we're here to send out a word loud and clear: AIDS is a particularly severe and ongoing crisis in the African-American and Hispanic communities and in other communities of color. African Americans represent only 13 percent of our population, but account for almost half the new AIDS cases reported last year. Hispanics represent 10 percent of our population; they account for more than 20 percent of the new AIDS cases. And AIDS is becoming a critical concern in some Native American and Asian American communities, as well. Like other epidemics before it, AIDS is now hitting hardest in areas where knowledge about the disease is scarce and poverty is high. In other words, as so often happens, it is picking on the most vulnerable among us. The fact is HIV infection is one of the most deadly health disparities between African Americans, Hispanics, and white Americans. And just as we have committed to help build one America by ending the racial and ethnic disparities in infant mortality and cancer and other diseases, we must use all our power to end the growing disparities in HIV and AIDS. The AIDS crisis in our communities of color is a national one, and that is why we are greatly increasing our national response. Today I am proud to announce we are launching an unprecedented $156 million initiative to stem the AIDS crisis in minority communities. (Applause.) It is one of the greatest victories in the balanced budget law I just signed. It never could have happened without the passionate and compassionate leadership of Maxine Waters, Lou Stokes, and the rest of the Congressional Black Caucus (applause) -- or the support of senator Specter and Congresswoman Pelosi and so many others. (Applause.) Now, this initiative will allow thousands of cities, churches, schools, and grass-roots organizations to expand prevention efforts and target them to the Hivacc98.wpd Page 12 specific needs of specific minority communities such as young men, students, pregnant mothers. It will allow minority communities to expand treatment for substance abuse. It will increase access to protease inhibitors and other new therapies, because lifesaving therapies cannot be a luxury reserved only for the rich. (Applause.) It will increase access to skilled doctors and other health care providers. And finally, it will help us to assemble teams of public health experts from the Centers for Disease Control and other federal agencies to visit individual communities and provide whatever technical assistance those communities need. (Applause.) This new initiative will build on the other historic funding increases in HIV/AIDS funding we won in the new balanced budget, which Secretary Shalala will talk about in greater detail in a moment. I'm also pleased that it will build on our race and health initiative. Congress has taken a first step to fund this initiative, but we must do more. We are not one America when some of our communities lag so far behind in health. Of course, this room looks nothing like a house of worship except for a few collars I see. (Laughter.) But I'd like to end my remarks today with what I think is quite an appropriate passage from the First letter of Paul to the Corinthians. "The body is a unit, though it is made up of many parts. And though all its parts are many, they form one body. If one part suffers, every part suffers with it. If one part is honored, every part rejoices with it." So it is with the body of Americans, and a nation that strives tone one America. Every one of our communities is inextricably linked, in suffering and rejoicing, in sickness and in health. And that is why we must work together in every community to stop this cruel disease. Black or white, gay or straight, rich or poor, you name it, we have to stop it. Now I'd like to present America's Surgeon General, our nation's family doctor, whose deep commitment to advancing our country's health is embodied in the 200-year-old guiding principle of our public health service that you best protect the health of the entire nation when you reach out to the most vulnerable people. Dr. David Satcher. (Applause.) END 5:30 P.M. EST Hivacc98 wpd Page 13 PRESS RELEASE ON 1998 WORLD AIDS DAY EVENT THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 1, 1998 PRESIDENT CLINTON COMMEMORATES WORLD AIDS DAY BY UNVEILING NEW STEPS TO ADDRESS THE GROWING CRISIS OF CHILDREN ORPHANED BY AIDS Today, President Clinton will join Secretary of State Madeleine Albright and Brian Atwood, Administrator of the U.S. Agency for International Development (USAID), to commemorate World AIDS Day by launching a series of new initiatives to address the growing crisis of HIV/AIDS around the world, particularly the millions of children orphaned by AIDS. The President will unveil historic increases in funding for research at the National Institutes of Health (NIH) designed to develop an effective AIDS vaccine and prevention strategies to help address the problem of HIV/AIDS throughout the world. He will announce new emergency funding from USAID to support international AIDS orphan programs. In addition, he will direct his AIDS policy advisor, Sandra Thurman, to lead a delegation to Sub-Saharan Africa to assess the growing problem of AIDS orphans and recommend new strategies for responding to the crisis. USAID projects that up to 40 million children will be orphaned by HIV/AIDS by the year 2010, over 90 percent of whom live in developing countries with few resources to provide for their care and support. Over 33 million people around the world are now living with HIV or AIDS, with another 5.8 million becoming infected every year. As with so many epidemics, children and young people bear much of the terrible burden of AIDS. In the United States, as many as 80,000 children already have been orphaned by AIDS. Increases in funding by the National Institutes of Health for research to prevent and treat HIV around the world. The National Institutes of Health will undertake the largest single public investment in AIDS research in the world by supporting a comprehensive program of basic, clinical, and behavioral research on HIV infection and its related illnesses. This program will include: Hivacc98.wpd Page 14 $200 million -- a 33 percent increase from last year's funding -- for research on AIDS vaccines to prevent transmission around the world. The development of a safe and effective AIDS vaccine is critical to stemming the growing problem of HIV/AIDS and AIDS orphans internationally. The President will announce that NIH will dedicate $200 million to vaccine research in Fiscal Year (FY) 1999, a $47 million or 33 percent increase over FY 1998 and an 100 percent increase over FY 1995. This investment is critical in meeting the President's challenge to develop an effective AIDS vaccine. $164 million for other research critical to addressing the HIV/AIDS epidemic around the world. The President also will announce that NIH will invest $164 million in FY1999, a $38 million increase over last year, in critical research projects aimed at reducing the number of AIDS orphans by preventing and treating HIV/AIDS internationally. These projects will include: a new prevention trials network to reduce adult and perinatal transmission of HIV/AIDS; new strategies to prevent and treat HIV infection in children; funding to train more foreign scientists to collaborate on this epidemic; research on the prevention and treatment of the opportunistic infections, such as tuberculosis, that commonly kill people with HIV/AIDS; and research on topical microbicides and other female-controlled barrier methods of HIV prevention. $10 million in USAID emergency relief funding to provide support for AIDS orphans. USAID will make available $10 million in emergency funding to support community-based efforts for orphans in the countries most affected by this problem. These efforts will include training and support for foster families, initiatives to keep children in school, vocational training, and nutritional enhancements. In addition, USAID will take steps to help prevent the spread of HIV from mothers to children and to improve medical care for children already infected with HIV. AIDS Policy Advisor Sandra Thurman to lead fact-finding delegation to raise awareness and make recommendations to address growing problem of AIDS orphans. President Clinton will ask Sandra Thurman, Director of the Office of National AIDS Policy, to lead a fact-finding delegation early next year to Sub-Saharan Africa, where 90 percent of AIDS orphans reside. The delegation will include representatives from key Congressional offices. Its goal will be to raise awareness of this emerging problem and to develop recommendations for action. New steps to address the continued needs of those living with HIV/AIDS in the United States. While the problem of HIV/AIDS is particularly acute internationally, the President will underscore the impact of HIV/AIDS on families in this country as well. The President will highlight an announcement today by Vice President Gore of more than $200 million in funds this year for the Housing Hivacc98.wpd Page 15 Opportunities for People With AIDS (HOPWA) program to prevent individuals affected by HIV/AIDS and their families from becoming homeless. The Vice President will announce these grants at a meeting with local community leaders who provide housing and other support services for people living with HIV/AIDS and with several individuals and families who have benefited from these services. A solid record of achievement in HIV/AIDS. Today's announcements build on a deep and ongoing commitment by the Clinton Administration to respond to the AIDS crisis both in the United States and across the world. The Administration has fought for other critical investments in HIV/AIDS. This year alone, the President: Declared HIV/AIDS in racial and ethnic minority communities to be a severe and ongoing health care crisis and unveiled a new $156 million initiative to address this problem. This initiative included crisis response teams, enhanced prevention efforts, and assistance in accessing state-of-the-art therapies. Worked with Congress to secure historic increases in a wide range of effective HIV/AIDS programs. Increases this year alone include: a $262 million increase in the Ryan White CARE Act; a 12 percent increase in AIDS research funding at the NIH, totaling nearly $1.8 billion; a $32 million increase for HIV prevention programs at the Centers for Disease Control and Prevention; and a $21 million increase in the Housing Opportunities for People With AIDS (HOPWA) program at HUD. ### Hivacc98.wpd Page 16 PRESS RELEASE ON 1998 WORLD AIDS DAY EVENT VICE PRESIDENT GORE THE WHITE HOUSE Office of the Vice President For Immediate Release December 1, 1998 VICE PRESIDENT GORE ANNOUNCES $220 MILLION TO PROVIDE HOUSING, OTHER CRITICAL SUPPORT SERVICES FOR OVER 65,000 PEOPLE WITH HIV/AIDS Washington, DC -- Vice President Gore commemorated World AIDS Day today by announcing that the federal government will provide $220 million in grants for housing and support services for over 65,000 low-income people with HIV/AIDS and members of their households. The Vice President announced the new funds, which the Housing and Urban Development Department (HUD) will distribute under its Housing Opportunities for Persons with AIDS (HOPWA) program, at a meeting with people who receive and provide these critical housing and support services in Washington DC. "For too many Americans living with AIDS, poverty is nearly as much of a threat as the disease itself," Vice President Gore said. "Without our help, many would be forced to live in unfit housing or become homeless. These grants will mean that people fighting AIDS won't have to also fight to keep a roof over their heads." HUD Secretary Andrew Cuomo added, "We all know about the terrible toll of illness and death caused by the AIDS virus. On top of this, AIDS often destroys the financial health of those with the disease as well, hitting them with huge medical bills and leaving them too sick towork." Today, the Vice President: Unveiled new HOPWA grants that provide critical support to communities in need. Studies show that people with HIV/AIDS are at increased risk for homelessness and have more problems obtaining access to affordable housing. This $220 million in HOPWA funding, a 10 percent increase over last year, provides critical housing and other support services that: help people with HIV/AIDS remain in their homes by providing rental Hivacc98 wpd Page 17 assistance and supportive services such as meals, transportation, and counseling; and provide housing to people with HIV/AIDS and their families facing homelessness. By providing housing and other critical support services, this program helps keep families intact, and assures that individuals with HIV/AIDS have the support they need. Most people that HOPWA serves have incomes of under $1,000 a month. Of the $220 million, $200 million will go to states, cities, and communities to develop effective programs. The remaining $20 million will go to programs nationwide that have developed particularly effective and innovative approaches to providing housing and other necessary support services for people with HIV/AIDS. For example, an innovative program in Savannah, GA enables people with HIV/AIDS to receive home-based care, and one in Illinois provides innovative services, including effective mental health services and daily livingservices. Highlighted Clinton/Gore Administration's ongoing progress in fighting HIV/AIDS. The Vice President underscored other Administration efforts to improve prevention, treatment, and research for people with HIV/AIDS. He noted that the President is unveiling historic new steps today to help the up to 40 million children who will be orphaned by HIV/AIDS by 2010, including new emergency funding from USAID to support international, community-based AIDS orphan programs and historic new increases in AIDS research at the National Institutes of Health (NIH) dedicated to help address the global problem of HIV/AIDS. These steps build on the historic progress to combat HIV/AIDS for which the Administration fought in this year's balanced budget, including: a new $156 million initiative to address the severe, ongoing health care crisis of HIV/AIDS in racial and ethnic minorities, including crisis response teams and enhanced prevention efforts across the nation; a $262 million increase in the Ryan White CARE Act; a 12 percent increase in AIDS research funding at the NIH, a $32 million increase HIV prevention programs at the CDC; and a $21 million increasein HOPWA. ### Hivacc98.wpd Page 18 1998 WORLD AIDS DAY PROCLEMATION THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 1, 1998 WORLD AIDS DAY, 1998 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION On World AIDS Day, we are heartened by the knowledge that our unprecedented investments in AIDS research have resulted in new treatments that are prolonging the lives of many people living with the disease. Thousands of scientists, health care professionals, and patients themselves have joined together to advance our understanding of HIV and AIDS and improve treatment options. Because of the heroic efforts of these people, fewer and fewer Americans are losing their lives to AIDS, and for that we are immensely thankful. But the AIDS epidemic is far from over. Within racial and ethnic minority communities, HIV and AIDS are a severe and ongoing crisis. While the number of deaths in our country attributed to AIDS has declined for 2 consecutive years, AIDS remains the leading killer of African American men aged 25-44 and the second leading killer of African American women in the same age group. African Americans, who comprise only 13 percent of the U.S. population, accounted for 43 percent of new AIDS cases in 1997 and 36 percent of all AIDS cases. Hispanic Americans represent just 10 percent of our population, but they account for more than 20 percent of new AIDS cases; and AIDS is also becoming a critical concern to Native American and Asian American communities. Young people of every racial and ethnic community are also disproportionately impacted by AIDS, both in the number of new AIDS cases and in the number of new HIV infections. In fact, the Centers for Disease Control and Prevention estimate that approximately half of all new HIV infections in the United States occur in people under age 25 and that one-quarter occur in people under age 22. Across the world, the situation is even more grim. As with other epidemics before it, AIDS hits hardest in areas where knowledge about the disease is scarce and poverty is high. Of the nearly 6 million people newly infected with HIV each year, more than 90 percent live in the poorest nations of the world. Entire communities are threatened by Pachatp.wpd Page 1 December 16, 1998 MEETING WITH THE PRESIDENT'S ADVISORY COUNCIL ON HIV/AIDS TALKING POINTS FOR CLOSING COMMENTS Thank you for all of the good work that you have been doing. We have made a lot of progress, and I appreciate your recognition of that. Together, we have helped get the resources that have made an incredible difference in the lives of so many. Yet I know that there is much more to do, particularly on prevention and international support. I especially understand the importance of the HIV vaccine and will make sure that everyone in this Administration understands that it is a top priority for us. You've made a number of good suggestions, and I'm going to ask Sandy to help us move forward on them. You have a lot of friends here - the First Lady, the Vice President, Mrs. Gore, Secretaries Shalala and Cuomo, and certainly Sandy - you have lots of advocates here who have done a tremendous amount to increase awareness of AIDS. I want you to know that we are committed to the fight. We may not always agree on how to get there, but you can be assured that we all share your determination to bring an end to this epidemic both here and across the globe. Pachaqa.wpd Page 1 December 16, 1998 MEETING WITH THE PRESIDENT'S ADVISORY COUNCIL ON HIV/AIDS QUESTIONS AND ANSWERS Q: Current HHS guidelines encourage early treatment of HIV to forestall the onset of AIDS, yet access to Medicaid coverage for that treatment is generally restricted to those who have progressed to AIDS. How are you going to help increase access to treatment? A: This is a difficult challenge and we are taking steps to address it. You know I tried to solve this problem with universal health care. We wouldn't be talking about this problem and a lot of other problems had that been successful. The Vice President has taken leadership in this area, asking HCFA to look at solutions. Unfortunately, what we thought might be fixed quickly has turned out to be more difficult than expected. While we are committed to continuing our work to look at increasing Medicaid coverage, we've also been working on interim solutions: Sandy Thurman has set up an internal task force to develop solutions we've succeeded in getting significant increases in the AIDS Drug Assistance Program--$175 million (61%) increase in FY99--and the Ryan White CARE Act overall--$271 million (23%) increase in FY99 and 266% since FY93 we strongly supported the Jeffords-Kennedy legislation, which includes a demonstration program that helps states provide Medicaid coverage to people with HIV before they get AIDS - I hope you'll continue to work with us to get legislation like this passed in the coming year HCFA has been working with States that are seeking to develop waivers to expand their coverage to people living with HIV. We have talked with HCFA, and they have assured us that they will continue to aggressively provide support and assistance to States that want to develop demonstration programs that work. I recognize the need and promise you that I and the Vice President will stay on top of this issue and do everything in our power to see that people with HIV don't have to get sick before they get treatment. Q: We are concerned that our national effort to stop the spread of HIV is not working, and that the number of new HIV infections in this country has Pachaqa.wpd Page 2 stayed at 40,000 per year. In addition, at least 30% of those that are HIV positive don't know it, which means they are likely to continue the activities that spread the infection. The Council would like to recommend a new national "get tested" campaign to encourage people at risk to seek HIV counseling and testing services. Will you support that request? A: I think it sounds like a good idea. Let me ask Sandy to take a look at the proposal and give me her recommendations. I do believe we need to do a better job with our work on prevention, not only for HIV but for a variety of preventable illnesses. Secretary Shalala and Surgeon General Satcher have been focusing a great deal of energy on prevention, particularly in racial and ethnic minorities. Dr. Satcher has been helping to lead their Race and Health Disparities initiative, which includes HIV and AIDS as one of six targeted illnesses. Young people are also in need of greater attention. I believe that some of the impact of the anti-drug campaign by our Office of National Drug Control Policy will help since the abuse of drugs and alcohol plays a key role in young people taking risks with HIV. Q: Last March, you announced your commitment to finding a vaccine for HIV within ten years. That was 18 months ago. The Council is concerned that the effort to develop a vaccine is not progressing fast enough. NIH has yet to hire a director for its new vaccine center and the different Federal agencies that are involved in vaccine research aren't coordinated. Will you encourage NIH Director Varmus to get the vaccine center director position filled? Will you support Sandy Thurman's office in facilitating cross-agency coordination? A: I certainly appreciate the need for an HIV vaccine. This past World AIDS Day we did an event here that focused on the international epidemic, and I am just staggered by the impact that AIDS is having on so many nations around the world. I have asked Sandy to go to Africa in January to look at the AIDS orphan issue and to report back to me with recommendations on further actions we might consider. I know that a vaccine is our best and maybe only hope of stopping this terrible disease. As for the vaccine center director, we have talked with Dr. Varmus and he has assured us that he is being very aggressive in his efforts to find just the right person for the position. Part of the delay has been his commitment to finding the very best person. He also assures us that the vaccine research effort has not been slowed down by this vacancy, and that in fact they are very pleased with their progress. NIH is increasing its vaccine research funding this year, up $47 million (33%) to $200 million. I also know that Dr. Pachaqa.wpd Page 3 Nathanson, the new director of the Office of AIDS Research at NIH, is very committed to vaccine research and is providing great leadership. As for the interagency coordination, Sandy and Dr. Varmus have talked about that. I understand that they're initiating regular vaccine research meetings that will be open to all the different agencies, and the community groups working on this issue. I will talk with Sandy about this and see if there is more that we can do. Q: While we have had great success in AIDS funding with your leadership, the Council is concerned that there are still a great many unmet needs. We are particularly concerned that HIV prevention activities at the CDC and international assistance through USAID have not received needed increases. Will you commit to increasing AIDS funding in FY2000, particularly in prevention and international relief? A: We are working on developing the FY2000 budget now, so it is a work-in-progress. I do know that you have a great team of advocates at OMB. Jack Lew, Josh Gotbaum, Sylvia Matthews, and Dan Mendelson are all committed to doing the best that we can in addressing the need for additional AIDS funding. With respect to prevention funding, I can say that we fully understand the need to increase and improve our HIV prevention activities, and to pay particular attention to communities of color, to women, and to young people who are at highest risk. We're taking a look not only at the need for increased funding, but making sure that what we are already investing is being used most effectively. As for international funding, we've gotten good support from USAID although I know Brian Atwood would like more. This is going to be a very challenging budget year for us, and I don't want to be overly optimistic about our ability to repeat the kind of increases we were able to obtain in FY99. Nevertheless, we will do our very best to support appropriate funding levels for our international AIDS efforts, and the other AIDS programs as well. SELECTED HIV/AIDS FY99 Increase Increase INVESTMENTS from FY98 from FY93 Ryan White CARE Act $1.4 billion 23% 266% AIDS Drug Assistance $461 million 61% 787%* HIV Prevention (CDC) $657 million 5% 34% AIDS Research (NIH) $1.8 billion 12% 67% Vaccine Research $200 million 33% 145% Pachaqa.wpd Page 4 Housing (HUD) $225 million 10% 125% International (USAID) $131 8% 64% million** *since FY96, when separate program established **includes $10 million emergency funding for AIDS orphan initiative Hivacc98 wpd Page 19 this epidemic, and the growing number of children who will lose parents to AIDS will have a devastating impact on these societies. By the year 2010, there may be as many as 40 million children who will have been orphaned by AIDS, and developing nations will have to struggle to deal with the overwhelming needs of a generation of young people left withoutparents. This year's World AIDS Day theme, "Be A Force For Change," is a reminder that each of us has a role to play in bringing the AIDS epidemic to an end. Our response must be comprehensive and ongoing. It must also be a collaborative one, bringing together governments and communities in a shared effort to expand prevention efforts, raise awareness among young people of the risks of HIV infection and how to avoid it, increase access to lifesaving therapies, and ensure that those who are living with HIV and AIDS receive the care and services they need. Developing a vaccine for HIV is perhaps our best hope of eradicating this terrible disease and stemming the tide of pain and desolation it has wrought. The global community has joined together in making the development of an HIV vaccine a top international priority. Within the next decade, we hope to have the means to stop this deadly virus, but until we reach that day we must remain strong in our crusade to prevent the spread of HIV and AIDS and to care for those living with the disease. In this way we can best honor the memory of the many loved ones we have lost to AIDS. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 1, 1998, as World AIDS Day. I invite the Governors of the States, the Commonwealth of Puerto Rico, officials of the other territories subject to the jurisdiction of the United States, and the American people to join me in reaffirming our commitment to defeating HIV and AIDS. I encourage every American to participate in appropriate commemorative programs and ceremonies in workplaces, houses of worship, and other community centers and to reach out to protect and educate our children and to help and comfort all people who are living with HIV and AIDS. IN WITNESS WHEREOF, I have hereunto set my hand this first day of December, in the year of our Lord nineteen hundred and ninety-eight, and of the Independence of the United States of America the two hundred and twenty-third. WILLIAM J. CLINTON Pachabif Page 1 DRAFT December 17, 1998 MEETING WITH THE PRESIDENT'S ADVISORY COUNCIL ON HIV/AIDS DATE: December 18, 1998 LOCATION: Vice President's Ceremonial Office (OEOB) BRIEFING TIME: 5:15 pm to 5:30 pm EVENT: 5:45 pm to 6:15 pm FROM: Bruce Reed/Chris Jennings/Sandy Thurman I. PURPOSE You will be meeting with members of the President's Advisory Council on HIV/AIDS to discuss the Administration's progress on addressing the AIDS epidemic. II. BACKGROUND The Council requested a meeting with you to address its recommendations on ways to improve the Administration's response to the HIV/AIDS epidemic. Over the past few months, the Council has been publicly critical of the Administration, particularly its commitment to HIV prevention. Most recently, several key Council members reacted strongly to the release of draft guidelines by the CDC advising states to begin reporting HIV infections using name-based systems. This meeting would provide an opportunity for you to personally reaffirm your commitment to the Council and the seriousness with which you take the issue. Questions from the Council will focus on four areas: -- Access to Treatment: The Council will seek your leadership on expanding access to treatment for indigent persons with HIV who must wait until they get AIDS to qualify for Medicaid, which covers the treatments that would likely have forestalled their progression to AIDS. Initial reviews, prompted by a request by the Vice President, determined that such an expansion is not cost neutral and therefore cannot be done administratively. Pending further analysis, the Administration has supported susbstantial increases in the AIDS Drug Assistance Program. In addition, the Jeffords-Kennedy legislation includes a demonstration 'Pachabif Page 2 program that would substantially increase access to Medicaid by persons who would become disabled but for care. Support of this legislation by the Council and the AIDS community would be very beneficial. -- Promoting HIV Testing: Approximately 30% of persons infected with HIV do not now they are infected, complicating prevention efforts and delaying helpful treatments. The Council will ask for your support of a national "get tested" campaign focusing on higher-risk populations (youth, persons of color, women). This is a reasonable proposal, and one which is already under consideration. Vaccine Research: Last spring, you announced your desire to find a vaccine for HIV within ten years. Two weeks ago, on World AIDS Day, you announced a 33% increase in vaccine research funding at the NIH (up $47 million to $200 million). The Council is highly supportive of your leadership on this issue, but has some concern about the 18 months its taking find a director for NIH's new vaccine research center and about the need for increased inter-agency coordination. NIH has assured us that they are aggressively searching for the best person for the job and that vaccine research has not been delayed by this vacancy. Increased AIDS Funding: Funding for HIV/AIDS programs has more than doubled during your Administration, with Ryan White funding up 266% and AIDS research up 67%. The Council is concerned that prevention and international funding have not benefited from similar increases. CDC's prevention budget is over $640 million and has increased 34% since you took office; the Administration is focusing on insuring that prevention funds are used effectively and are targeted to those at highest risk. As for international funding, USAID's AIDS budget has increased 64% during your Administration. You also just announced on World AIDS Day a new $10 million effort to help developing countries respond to the needs of children orphaned by AIDS. In your closing remarks, you may highlight recent Administration activities on HIV/AIDS, including: -- World AIDS Day event at which you announced an AIDS orphan initiative at USAID, increased vaccine research funding from the NIH, and a delegation to Africa led by Sandy Thurman. -- Minority initiative announcement on October 28th at which you declared HIV/AIDS to be an ongoing and severe crisis in racial and ethnic minorities and announced $156 million in additional funding to address the crisis. -- Historic HIV/AIDS funding achievements in the FY99 budget negotiations Pachabif Page 3 with Congress. Pachabif Page 4 III. PARTICIPANTS Briefing Participants: Bruce Reed Virginia Appuzo Karen Tramontano Chris Jennings Sandy Thurman Richard Socarides Program Participants: YOU Sandy Thurman Bruce Reed Virginia Appuzo Karen Tramontano Chris Jennings Sandy Thurman Richard Socarides Dr. Scott Hitt, Council Chairperson Members of the Council IV. PRESS PLAN Pool still before start of meeting; closed press thereafter. Transcript to be provided to press following end of meeting. V. SEQUENCE OF EVENTS -- Sandy Thurman will introduce YOU to members of the Council. -- Dr. Scott Hitt will make a brief opening statement. -- Council member Rabbi Joseph Edelheit will provide an overview of the message of the Council to you. -- Four members of the Council will provide brief background statements and identify specific issues on which they seek Administration action. (You will have the option to seek clarification or respond--see attached Q & A.) -- YOU will make brief closing remarks, thanking the Council for its hard work and reaffirming your commitment to continuing the fight against AIDS--see attached talking points. VI. REMARKS Talking points provided by the Office of National AIDS Policy. Pachabrf Page 6 VII. ATTACHMENTS -- Talking points for closing remarks. -- Q & A for discussion purposes. -- List of Council members and brief biographies. Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. list re: President's Advisory Council on HIV/AIDS (5 pages) n.d. P6/b(6) COLLECTION: Clinton Presidential Records Domestic Policy Council Devorah Adler OA/Box Number: 20464 FOLDER TITLE: HIV/AIDS [Folder 2] 2012-0463-S rc771 RESTRICTION CODES Presidential Records Act |44 U.S.C. 2204(a)] Freedom of Information Act 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information |(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. 3-15-1995 5:27AM FROM P. SF AIDS FOUNDATION FAX Date: January 8, 1999 To: Technical Information and From: Lisa Schneider Communications Branch San Francisco AIDS Foundation P.O. Box 426182 San Francisco, CA 94142 cc: See Below Phone: 415/487-3034 Phone: Various Fax: 415/487-3089 Fax: Various Total Pages: 6 Remarks: Urgent X For your review Reply ASAP Please Comment 404/639-7111 Jeffrey Koplan, MD, Director, Centers for Disease Control and Prevention 404/639-8600 Helene Gayle, MD, Director, National Center for HIV, STD, and TB Prevention, CDC 404/639-0910 Kevin DeCock, MD, Director, Division of HIV/AIDS Prevention, Surveillance and Epidemiology, NCHSTP, CDC 202/690-7755 Kevin Thurm, Deptuy Secretary for Health and Human Services 202/456-2437 Sandy Thurman, Director, Office of National AIDS Policy 202/456-743 Chris Jennings, Deputy Assistant to the Presiden for Health Policy 202/225-8259 Congresswoman Nancy Pelosi, U.S. House of Representatives 202/690-7560 Eric Goosby, MD, Director, Office of HIV/AIDS Policy, HHS 202/690-7098 Marsha Martin, PhD, Special Assistant to the Secretary, HHS 3-15-1995 5:27AM FROM P.2 SF SAN FRANCISCO AIDS FOUNDATION 995 MARKET STREET, SUITE 200, SAN FRANCISCO, CALIFORNIA 94103 AIDS VISITORS' ENTRANCE: ONE 6TH STREET AT MARKET FOUNDATION January 8, 1999 Technical Information and Communications Branch FAX: 404/639-2007 Mailstop E-49 Email: [email protected] Division of HIV/AIDS Prevention National Center for HIV, STD and TB Prevention Centers for Disease Control and Prevention (CDC) Atlanta, GA 30333 RE: Comments on the Draft CDC Guidelines for National HIV Case Surveillance To Whom It May Concern: The San Francisco AIDS Foundation appreciates the opportunity to comment on the recently released "Draft Guidelines for HIV Case Surveillance." We are pleased that the draft guidelines state that flexibility will be given to states to design and implement HIV reporting systems that best meet the needs of their jurisdictions. However, we believe that the draft guidelines should be revised to better reflect the scientific research findings on the impact of names-based reporting on HIV testing and to address the needs of individuals living in communities that are profoundly affected by HIV. The Foundation's concerns are as follows: 1. The CDC inappropriately advises states to use names reporting. Although states are given a choice of using either names or unique identifier (UI) systems, both the language and the presentation of scientific evidence in the guidelines clearly reflect the CDC's bias towards names reporting. The guidelines state: "CDC advises that State and local surveillance programs use the same name-based approach for HIV surveillance as is currently used for AIDS surveillance nationwide" (p. 8). Such advice is scientifically unfounded (see be- low). The guidelines should be revised so as not to favor one system over another in order to provide state health officials true flexibility in designing the system that best meets their com- munity's needs. To this end, the sentence "advising" names reporting should be eliminated. Although the draft guidelines appropriately pledge technical assistance regardless of the type of HIV surveillance implemented, the CDC's preference for names reporting, while not being overtly stated, appears to be linked to the provision of funds. This bias is apparent in statements such as: "based on published evaluations, the CDC has concluded that name-based HIV/AIDS surveillance systems are the most likely to meet the necessary performance standards as well as to serve the purposes for which surveillance data are required" (p. 8). The CDC actually stated in a letter to Washington State that supplemental funding for HIV/AIDS surveillance was con- tingent upon the implementation of names-based reporting. While the statement was later re- (415) 487-3000 CALIFORNIA HIV/AIDS HOTLINE: 1 (800) 367-AIDS www.sfaf.org 3-15-1995 28AM FROM P.3 tracted, there is an underlying and pervasive impression among states that federal funding is contingent upon names-based reporting. The CDC should work to reverse this impression by presenting unbiased information and support to states implementing non-names based systems. 2. Regarding the performance standards, the guidelines do not contain discussion of sufficient time for implementation. The guidelines should contain a reasonable transition period for implementation of reporting systems before any evaluation for funding purposes is completed. Based on the experience of several states implementing HIV surveillance systems, five years appears to be an adequate amount of time to establish a system and ensure that it is functioning at the levels set out in the guidelines. In addition, at least one of the performance standards must be modified-the requirement that risk information be gathered on 85% of cases. Most states with names reporting have not met this criterion and there is little evidence that they will be able to do so, even with years of experience. Risk information - which is often very difficult for providers to secure-would be better obtained through representative sample surveys and sentinel studies. This should be discussed in detail in the guidelines and the 85% requirement should be eliminated. 3. The presentation of research on testing behavior is biased. The scientific evidence presented to discount the impact of names-based reporting on individu- als' willingness to seek HIV testing is both biased and flawed. Key studies that demonstrate that HIV names reporting deters individuals from seeking testing are not mentioned anywhere in the guidelines (Myers et al 1993; Reed 1996; Kegeles et al 1990; Kegeles et al 1989; Fordyce 1989; Johnson et al 1988; Judson and Vernon 1988). Not only are these studies not discussed, but those studies that are cited draw questionable con- clusions that are not justified by the data and methods used (Nakashima et al 1998; Hecht et al 1997). For example, while the Nakashima study examines testing patterns in states that imple- mented names reporting, the study did not include comparisons to states that did not implement such a policy. It is thus impossible for the authors to prove that testing rates might not have in- creased more dramatically had names reporting not been instituted in those states. In addition, the study's authors do not examine carefully the experience of key subpopulations that are most at risk for HIV infection. While Nakashima and colleagues do show that testing increased or remained stable overall in some states, changes in testing frequency across high-risk groups did not correspond to the overall change. Contrary to the conclusions drawn by the CDC, Naka- shima's results suggest that the highest risk groups may be reluctant to test with names report- ing. These results have very important public health ramifications and raise serious concerns about the deterrent effect of names reporting for African Americans and, in some cases, injection drug users. If this study is going to be used in the guidelines, it should be presented fairly, and the population-specific trends should be presented in greater detail. The draft guidelines also reference the Hecht study, in which 19% of respondents reported that "fear of reporting to the government" was a concern that contributed to their decision to delay testing. Again, the language used to describe the findings reflects bias. This finding is pre- 2 3-15-1995 5: 29AM FROM sented as "less than 20%" (versus, for example, "nearly 1 in 5") which intentionally minimizes the importance of these data. This is especially important because the Hecht study targeted high-risk populations, which make up a greater percentage of the populations in the states that have not yet instituted HIV surveillance. In fact, only 6 of the 32 states currently collecting HIV data with names-based reporting systems have higher-than-average AIDS case rates in their populations. Encouragement of names reporting may be particularly dangerous for the remaining states that have yet to introduce an HIV reporting system. In many of these states, reported AIDS cases are disproportionately among high-risk groups (as evidenced by figures from 1997). For example, the proportions of AIDS cases in California and Washington among men who have sex with men (64% and 55%) are much higher than the national average (35%). Similarly, in Illinois (30%), Massachusetts (34%) and Pennsylvania (43%), the proportions of cases associated with injection drug use are greater than the national average of 24%. The proportion of cases among African Americans in Georgia (72%), Illinois (56%) and Pennsylvania (60%) are greater than the 45% national average. These discrepancies indicate that encouraging names reporting among these states may be irresponsible, since their populations may be more likely to be de- terred by these policies. Finally, while the CDC's attention to the importance of anonymous testing in the guidelines is to be applauded, it is inherently contradictory to recognize the importance of anonymous testing while at the same time call for names-based systems over unique identifier systems. The CDC acknowledges that anonymous testing has been clearly associated with earlier testing and treat- ment (Bindman et al 1998). These results prove that some segments of the population are ex- tremely concerned about the confidentiality of their HIV status. This suggests that these same individuals would be reluctant to seek testing and or treatment if HIV names reporting was im- plemented and, in fact, the draft guidelines should make the provision of anonymous testing a condition of funding. 4. Discussion of ineffectiveness of UI and purported superiority of names-based systems is biased. The presentation of the evaluation findings on the efficacy of unique identifier systems for HIV reporting is misleading and outdated. The CDC's criticisms of Maryland's system are based on evaluation data from 1994-1996. These data do not reflect the progress and evolution of Maryland's UI system, or the fact that Maryland was not funded by the CDC to implement their UI system. In reality, recent evidence indicates that Maryland's system provides complete data at a reasonable cost, comparable to rates found in states that use names-based reporting. Criticisms of the Texas system must be considered in light of the fact that health officials in the state were never particularly committed to the implementation of a unique identifier system and therefore had little incentive to work for the program's success. Reference to "published evaluations of non-name based HIV surveillance" (p. 8) thus presents an incomplete picture of the available data on UI systems. Maryland has much more updated information available about their system that reflects their ability to meet the CDC's criteria and this data should be incorporated into the guidelines. The CDC's biased use of conclusions on the efficacy of names reporting is also evident in the guidelines. The CDC is "advising" names reporting based on what appears to be anecdotal evidence from the 32 states that currently use names based systems. The CDC does not report 3 3-15-1995 29AM FROM performance data on names-based systems that may in fact reflect "operational difficulties" in those states. The CDC seems to be reasoning that because names based systems are ubiquitous and because they require fewer contingencies to implement, that they are better. The notion that ease of implementation is equivalent to superiority is highly problematic because the concerns about names reporting far outweigh ease of use. 5. The language regarding the linkage of HIV reporting systems and partner notification is weak. The draft guidelines do not send a clear and compelling enough message to states that they should not link partner notification and HIV surveillance systems. The draft guidelines state that the CDC "does not direct" states to link partner notification and HIV surveillance systems and that doing so "does not necessarily improve the provision of HIV prevention and care services" (p. 12). This language should be strengthened considerably to encourage states not to link these distinct systems. The CDC should also discuss research findings that suggest that HIV names reporting does not improve partner notification or access to care (findings presented by D. Os- mond to the CDC Consultation on HIV Reporting, May 1997, Atlanta, GA). 6. The guidelines refer narrowly to community representatives concerns' with HIV reporting. The draft guidelines inaccurately suggest that concerns regarding confidentiality and fear of ille- gal disclosure of HIV information is only of concern to community groups. In fact, a number of state and local public health officials share this concern. Positioning these considerations as merely "community concerns" suggests that there are not legitimate public health consequences to names-based reporting. The language should be revised to reference the concerns of both the community and public health officials regarding the deterrent effect of names-based systems. Thank you for the opportunity to comment on the guidelines. I hope that our comments will assist the CDC in working to ensure that the important goal of securing improved HIV data is implemented thoughtfully and responsibly. If you have any questions, please do not hesitate to contact me. Sincerely, Regmia Aragin Regina Aragón Public Policy Director cc: Jeffrey Koplan, MD, Director, Centers for Disease Control and Prevention Helene Gayle, MD, Director, National Center for HIV, STD, and TB Prevention, CDC Kevin DeCock, MD, Director, Division of HIV/AIDS Prevention, Surveillance and Epidemiology, NCHSTP, CDC Kevin Thurm, Deputy Secretary for Health and Human Services Sandy Thurman, Director, Office of National AIDS Policy Chris Jennings, Deputy Assistant to the President for Health Policy Congresswoman Nancy Pelosi Eric Goosby, MD, Director, Office of HIV/AIDS Policy, HHS Marsha Martin, PhD, Special Assistant to the Secretary, HHS 4 3-15-1995 5: 30AM FROM P.6 References: Bindman, AB, Osmond, D., Hecht, FM et al. 1998. "Multistate evaluation of anonymous HIV testing and access to medical care." Journal of the American Medical Association 280 (October 28): 1416- 1420. Fenton, KA., Peterman, TA. 1997. "HIV partner notification: taking a new look." AIDS 11: 1535- 1546. Fordyce E, Sambula, S, Stoneburner R. 1989. "Mandatory reporting of HIV testing would deter Blacks and Hispanics from being tested." Journal of the American Medical Association 262: 349. Hecht, FM, Colman, S., Lehman, JS et al. 1997. "Named HIV reporting: HIV testing survey (HITS)" [abstract]. In Abstracts of the American Public Health Association 125th Annual Meeting and Expo- sition, Indianapolis, Indiana. Johnson, HD, Sy, FS, Jackson, KL. 1988. "The impact of mandatory reporting of HIV seropositive persons in South Carolina." Presented at the IV International Conference on AIDS. Judson FN, Vernon TM. 1988. "The impact of AIDS on state and local health departments: issues and a few answers." American Journal of Public Health 78:387-393. Kegeles, SM, Coates, TJ, Lo, B et al. 1989. "Mandatory reporting of HIV testing would deter men from being tested." Journal of the American Medical Association 261: 1275-1276. Kegeles, SM, Catania, JA, Coates, TJ et al. 1990. "Many people who seek anonymous HIV-antibody testing would avoid it under other circumstances." AIDS 4: 585-588. Meyer, PA, Jones, JL, Garrison, CZ, Dowda, H. 1994. "Comparison of individuals receiving anony- mous and confidential testing for HIV." Southern Medical Journal 87: 344-347. Myers, T, Orr, KW, Locker, D, Jackson, BA. 1993. "Factors affecting gay and bisexual men's deci- sions and intentions to seek HIV testing." American Journal of Public Health 83(5): 701-704. Nakashima, AK, Horsley, RM, Frey, RL, Sweeney, PA, Weber, JT, Fleming, PL. 1998. "Effect of HIV reporting by name on use of HIV testing in publicly funded counseling and testing sites." Jour- nal of the American Medical Association 280: 1421-1426. Oxman, AD, Scott, EAF, Sellors JW et al. 1994. "Partner notification for sexually transmitted dis- eases: an overview of the evidence." Canadian Journal of Public Health S1: S41-S47. Osmond, D. 1997 (May). Findings presented to the CDC Consultation on HIV Reporting, Atlanta, GA. Personal communication with SFAF, December, 1998. Reed, GM 1996. "The impact of mandatory name reporting on HIV testing and treatment." Poster presented at the XI International Conference on AIDS. 5 002 11/24/99 WED 17:58 FAX 202 986 1345 AAC-AAF until it's over AIDS ACTION November 24, 1999 President Bill Clinton The White House 1600 Pennsylvania Avenue Washington, DC 20500 Dear Mr. President: As we approach the last World AIDS Day of the century, I want to take this opportunity to thank you for your extraordinary efforts to enhance AIDS research and AIDS health care as well as your recent efforts to make the fight against the global epidemic a top national foreign policy imperative. Until your presidency, the fight against AIDS was virtually absent at the White House. President Reagan wouldn't even say the word "AIDS" and President Bush only spoke softly. Since your Administration began, you have spoken forcefully about the need to fight AIDS and ensured significant and meaningful investments in AIDS research as well as the Ryan White CARE Act. This leadership contributed to the development of the first effective treatments for HIV and a subsequent reduction in the AIDS death rate. Your work to secure better health care access has helped to bring these drugs to low-income people and we are grateful for your success in securing $250 million for a demonstration project of AIDS Action's Reinventing Medicaid plan. In short, your leadership has saved thousands of lives from the ravages of HIV disease. Your leadership was supported and carried out with great valor by AIDS Czar Sandy Thurman, Chief of Staff John Podesta and Chris Jennings. In addition, AIDS Action is grateful for the hard work of the Office of Management and Budget including Jack Lew, Dan Mendelsohn, and Bob Kyle. Their countless hours of hard work, dedication and commitment have helped to ease the pain of an epidemic. Now, in the remaining fourteen months of your presidency and the beginning of the third decade of the epidemic, we hope you will work to complete your legacy on AIDS by committing to fight the crisis spot of today's epidemic: HIV prevention and education. Every hour, two young people are newly infected with HIV. Everyone in the fight against AIDS is haunted by this statistic and we hope you will end four years of flat-funding at the CDC by committing to new investments in prevention. There is no shortage of innovative and proven prevention proposals and there is no shortage of need. But there is a shortage of funds to make reinvigorated prevention a reality. 1906 Sunderland Place, NW Washington, DC 20036 ? 202 530 8030 F 202 530 8031 www.aidsaction.org 11/24/99 WED 17:58 FAX 202 986 1345 AAC-AAF E UUJ President Clinton Page Two Thank you again for your leadership in the war on AIDS and we hope you commit to providing the same kind of leadership for reinvigorated HIV prevention. For our kids. Sincerely, Daniel Danl Zingale Zázola Executive Director Tab B Time Line and Roll-out Implementation Plan for the Final HIV Reporting Guidelines 1998 November HIV surveillance guidelines package to CDC OD. HIV surveillance guidelines package to the Department. Meeting with OS Staff Divisions (including but not restricted to ASL, ASL, ASPA, CDC, IGA, OPHS) to coordinate Congressional and other communication related to the guidelines. Briefing with Secretary Shalala. December Briefing for Congressional staff, public health organizations, and advocacy groups. Letter announcing the publication of the guidelines mailed/ faxed to key CDC partners. Mail-out of comprehensive briefing materials to State health department personnel and other key stakeholders. Material available through National Prevention Information Network (NPIN). Notice of publication of the final "Guidelines for National HIV Case Surveillance" published in the Federal Register. Guidelines will also be made available on the Worldwide Web. Target month for publication, June 1999. Notice to readers in Morbidity and Mortality Weekly Report (MMWR). 1999 January Comment period closed January 11. Receive and review public comments. February Summarize comments; prepare response; revise Guidelines document. March - September Revised Guidelines package to CDC/OD and the Department. November - December On December 9, at *10:00 a.m., CDC will conduct briefings for the Office of National AIDS Policy (ONAP) and Office of Management and Budget (OMB) staff. On December 9, at *11:00 a.m., CDC will conduct briefings for the members of the House of Representatives and Senate. On December 9, at *12:00 p.m., CDC will conduct briefings for partner organizations, including public health organizations, and advocacy groups (see list below.) On December 10, 1999, the Guidelines are scheduled to be published in the MMWR Recommendations and Reports series. Guidelines are effective immediately. A letter announcing the publication of final Guidelines will be mailed/faxed to key CDC partners immediately following publication. Briefing materials will also be mailed to State health department personnel and other key stakeholders and will be available through the National Prevention Information Network and on the Worldwide Web. *All times are tentative and are to be confirmed the week of 11/29/99. Plan to brief key Congressional Contacts on the HIV Reporting Guidelines HHS (specifically ASL and ASMB) and CDC will make necessary arrangements to brief key congressional members and staff. These briefings will take place the week before the MMWR Reports and Recommendations is published (see above). Below is a proposed list of key congressional members. House of Representatives: Commerce Committee Chairman: Representative Tom Bliley, Jr. (R-VA.); Ranking Member: Representative John D. Dingell (D-MI) Staff of Commerce Subcommittee: Health & Environment Chairman: Representative Michael Bilirakis (R-FL); Ranking Member: Representative. Sherrod Brown (D-OH) Others Representative Connie Morella (R-MD); Representative Gary Ackerman (D-NY); Representative Tom Coburn (R-OK); Representative Henry Waxman (D-CA); Representative Barney Frank (D-MA); Representative Donna Christian-Greene (D-Virgin Islands) Senate: Labor & Human Resources Chairman: Senator James Jeffords (R-VT); Ranking: Senator Edward Kennedy (D-MA) Staff of Labor & Human Resources Subcommittee: Public Health & Safety Subcommittee Chairman: Senator William Frist (R-TN); Ranking: Senator Edward Kennedy (D-MA) Other Congressional Members: Congressional Black Caucus: Chair: Representative Maxine Waters (D-CA) Congressional Hispanic Caucus: Chair: Xavier Becerra (D-CA) Committee on Indian Affairs Chair: Ben Nighthorse Campbell (R-CO) There will also be a briefing offered to staff of members who have a particular interest in matters related to privacy of health information and/or the use of unique identifiers. This briefing would occur within 1 week after publication of the final Guidelines in the MMWR. Key staff from the Office of National AIDS Policy and Office of Management and Budget: OMB: Dan Mendelson, Richard Turman, and Melanie Nakagira ONAP: Sandy Thurman and Todd Summers Key partners: AIDS Action Council American Public Health and Human Services Association Asian Pacific Islander Partnership for Health, Inc. Association of State and Territorial Health Officers Council of State and Territorial Epidemiologists National Alliance of State and Territorial AIDS Directors National Association of City and County Health Officials National Association of Counties National Association of Latino Elected and Appointed Officials National Association of Persons with AIDS National Association of State Alcohol and Drug Abuse Directors National Black Caucus of State Legislators National Conference of Black Mayors National Conference of State Legislatures National Governors Association National League of Cities National Native American AIDS Prevention Center National Organization of Black County Officials National Organizations Responding to AIDS U.S. Conference of Mayors Plan to distribute the R&R to other key partners: In addition to making the R&R document available on CDC's web page, many partners will receive copies of the document directly from CDC. This list includes but is not limited to: CDC Advisory Committee on HIV/STD Prevention Council for State and Territorial Epidemiologists HIV/AIDS Surveillance Coordinators HIV Prevention Community Planning Co-Chairs HIV Prevention Consultants National Public Health Information Coalition STD Project Directors (Many of the partners listed above will in turn disseminate information through their own communication systems) [Federal Register: December 10, 1998 (Volume 63, Number 237) ] [Notices] [Page 68289] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID: fr10de98-107] DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Draft Guidelines for HIV Case Surveillance, Including Monitoring HIV Infection and Acquired Immunodeficiency Syndrome (AIDS) AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice and Request for Comments. SUMMARY: This notice announces the availability for public comment of a document entitled `Draft Guidelines for HIV Case Surveillance, Including Monitoring HIV Infection and Acquired Immunodeficiency Syndrome (AIDS) DATES: Comments must be submitted in writing on or before January 11, 1999. Comments should be submitted to the Technical Information and Communications Branch, Mailstop E-49, Division of HIV/AIDS Prevention, National Center for HIV, STD, and TB Prevention, Centers for Disease Control and Prevention (CDC), Atlanta, Georgia 30333; Fax: 404-639- 2007; E-mail: [email protected]. FOR FURTHER INFORMATION CONTACT: Requests for copies of the Draft HIV Case Surveillance Guidelines should be submitted to the CDC National Prevention Information Network, P.O. Box 6003, Rockville, Maryland 20849-6003; telephone (800) 458-5231; or copies can be obtained from the CDC website at http://www.cdc.gov/nchstp/hiv_aids/dhap.htm. SUPPLEMENTARY INFORMATION: From 1995 to 1996, the incidence of both deaths and opportunistic infections (OIs) due to AIDS declined in the United States for the first time in the history of the epidemic (6 percent for OIs; 23 percent for deaths) as reported in the September 19, 1997, Morbidity and Mortality Weekly Report (MMWR) (Volume 46, pp. 861-867). These declines reflect recent advances in treatment of HIV infection and the provision of care and services that have slowed the progression of AIDS for HIV-infected persons on therapy and the success of HIV prevention and education efforts that have encouraged early diagnosis and have helped to reduce the number of Americans becoming infected with HIV. In response to these changes in HIV treatment practices and new information needs of public health programs, CDC, the Council of State and Territorial Epidemiologists (CSTE), and most other public health and AIDS organizations have recommended that all States and territories conduct HIV case surveillance in addition to AIDS surveillance. In this manner, the AIDS/HIV epidemic can be tracked more accurately, and appropriate information about HIV/AIDS can be made available to policymakers. As of July 1998, a total of 32 States were conducting HIV case surveillance using the same methods as surveillance for AIDS. Because some States (many with large numbers of AIDS cases) do not report HIV case numbers, interpretations of available HIV data are difficult. To gain more reliable information about the prevalence, 1 of 2 12/2/99 9:37 AM incidence, and future directions of HIV infection and the impact on specific populations such as racial and ethnic minorities and women, CDC is proposing that the current surveillance system be expanded to include HIV case reporting for all States and is publishing guidelines that States can use to implement HIV surveillance. Dated: December 3, 1998. Jeffrey P. Koplan, Director, Centers for Disease Control and Prevention (CDC). [FR Doc. 98-32617 Filed 12-9-98; 8:45 am] BILLING CODE 4163-18-P 2 of 2 12/2/99 9:37 AM 1 Guidelines for National HIV Case Surveillance, Including Monitoring for HIV Infection and Acquired Immunodeficiency Syndrome (AIDS) The Centers for Disease Control and Prevention (CDC) recommends that all States and territories conduct case surveillance for human immunodeficiency virus (HIV) infection as an extension of current acquired immunodeficiency syndrome (AIDS) surveillance activities. The expansion of national surveillance to include both HIV infection and AIDS cases is a necessary response to the impact of advances in antiretroviral therapy, the implementation of new HIV treatment guidelines, and the increased need for epidemiologic data concerning persons at all stages of HIV disease. Expanded surveillance will provide additional data on HIV-infected populations to enhance Federal, State, and local efforts to prevent HIV transmission, improve allocation of resources for treatment services, and assist in evaluating the impact of public health interventions. CDC will provide technical assistance to all State and Territorial health departments to continue or establish HIV and AIDS case surveillance systems and to evaluate the performance of their surveillance programs. This report includes revised case definitions for HIV infection in adults and children less than 18 months of age, recommended program practices, and performance and security standards for the conduct of HIV and AIDS surveillance by State and local health departments. The revised surveillance case definitions and associated recommendations become effective INTRODUCTION AIDS surveillance has been the cornerstone of national efforts to monitor the spread of HIV infection in the United States and to target HIV prevention programs and health care services. Although AIDS is the end-stage of the natural history of HIV infection, in the past, monitoring AIDS-defining conditions provided population-based data that reflected changes in HIV incidence. However, recent advances in HIV treatment have slowed the progression of HIV disease for infected persons on treatment and contributed to a decline in AIDS incidence. These advances in treatment have diminished the ability of AIDS surveillance data to represent trends in HIV incidence or to represent the impact of the epidemic on the health care system. As a consequence, the capacity of national, State, and local public health agencies to monitor the HIV epidemic has been compromised (1-3). In response to these changes and following consultations with diverse constituencies, including representatives of public health, government, and community organizations, CDC and the Council of State and Territorial Epidemiologists (CSTE) have recommended that all States and Territories include surveillance for HIV infection as an extension of their AIDS surveillance activities (4). In this manner, the HIV/AIDS epidemic can be tracked more accurately and appropriate information about HIV/AIDS can be made available to policymakers. This document provides revised case definitions for HIV infection in adults and children less than 18 months of age, recommended program practices, and performance and security standards for the conduct of HIV and AIDS surveillance by State and Territorial health departments. The HIV case definitions were developed in consultation with CSTE and include the current AIDS surveillance criteria as a component of the HIV infection case definition (5). 2 The recommended program practices and program performance and security standards are based on: the established practices of AIDS and other public health surveillance systems; reviews of State and local surveillance programs, confidentiality statutes, and security procedures; studies of the performance of surveillance systems; ongoing evaluations of determinants of test-seeking or test-avoidance in relation to State policies and practices on HIV testing and reporting; and discussions at a consultation held by CDC and CSTE in May 1997. A draft of this document was made available for public comment in 1998. BACKGROUND History of AIDS Surveillance Since 1981, population-based AIDS surveillance (i.e., reporting of cases and their characteristics to public authorities for analysis) has been used to track the progression of the HIV epidemic from the initial cases of opportunistic illnesses caused by a then unknown agent in a few large cities, to the reporting of 641,086 AIDS cases nationally through 1997 (6-9). The AIDS reporting criteria have been periodically revised to incorporate new understanding of HIV disease and changes in medical practice (10-13). In the absence of effective therapy for HIV, AIDS surveillance data have reliably detected changing patterns of HIV transmission and reflected the effect of HIV prevention programs on the incidence of HIV infection and related illnesses in specific populations (14-15). Because of these attributes, AIDS surveillance data have been used as a basis for the allocation of many Federal resources for HIV treatment and care services and as the epidemiologic basis for the planning of local HIV prevention services. With the advent of more effective therapy that slows the progression of HIV disease, AIDS surveillance data no longer reliably reflect trends in HIV transmission and do not accurately represent the extent of the need for prevention and care services (16-17). In 1996, national AIDS incidence and AIDS deaths declined for the first time in the HIV epidemic (Figure 1). These declines have been primarily attributed to the early use of combination antiretroviral therapy to delay the progression to AIDS and death for persons with HIV infection (1-3). Revised HIV treatment guidelines recommend antiretroviral therapy for many HIV-infected persons in whom AIDS-defining conditions have not yet developed (18-19). In response to these changes in HIV treatment practices and the information needs of public health and other policymakers, CDC and CSTE have recommended that all States and territories conduct HIV case surveillance in addition to AIDS case surveillance (1, 4). Current Status of HIV Surveillance As of July 1, 1998, 32 States had implemented HIV case surveillance using the same reporting system for both HIV and AIDS cases; 3 of these States conduct pediatric surveillance only (6) (Figure 2). The 29 States that conduct integrated HIV and AIDS surveillance for adults, adolescents, and children report only about one-third of total U.S. AIDS cases. In contrast to AIDS case surveillance, HIV case surveillance can provide data to better characterize populations newly diagnosed with HIV, particularly those with evidence of recent HIV infection such as adolescents and young adults (20- to 24-year-olds) (20-21). Of the 52,690 3 HIV infections diagnosed from January 1994 through June 1997 in 25 States that conducted name-based HIV surveillance throughout this period, 14 percent were in persons aged 13 to 24 whereas of 20,215 persons diagnosed with AIDS in the same areas only 3 percent were in persons aged 13 to 24. Thus, AIDS case surveillance alone does not accurately reflect the extent of the HIV epidemic among adolescents and young adults. Compared with persons reported with AIDS, those reported with HIV infection in these 25 States were more likely to be women and from racial/ethnic minorities (22) (Table 1). HIV data also show patterns in rates of new diagnoses and HIV prevalence that are not affected by changes in treatment. For example, between June 1996 and June 1997, AIDS incidence among white men who had sex with other men (MSM) decreased more than 30 percent while the number of new HIV diagnoses among this population remained unchanged (Figure 3). In these States, as of December 1997, the number of persons (140,585) who were living with a diagnosis of HIV or AIDS was 139% greater than that represented by the number living with AIDS alone (6). Most of the 32 States with name-based HIV case surveillance systems report all perinatally exposed children. These States have used HIV surveillance data to document a sharp decline in perinatally acquired HIV infection, an increase in the proportion of infected pregnant women who have been tested for HIV before delivery, and a high proportion of HIV-infected pregnant women who accept zidovudine therapy (23-28). These findings all have profound policy implications that would not have been as easily or quickly detected using only AIDS case surveillance. CSTE and the American Academy of Pediatrics have recommended that all States and Territories conduct pediatric HIV surveillance that includes all perinatally-exposed infants (29). Not all persons infected with HIV are tested, and of those that are, testing occurs at different stages of their infection. Therefore, HIV surveillance data provide a minimum estimate of the number of infected persons and are most representative of persons who have been diagnosed with HIV infection in medical clinics and other confidential diagnostic settings. The data represent the characteristics of persons who recognize their risk and seek confidential testing, who are offered HIV testing (e.g. pregnant women, clients at sexually transmitted disease clinics), who are required to be tested (e.g. blood donors, military recruits), and who are tested because they present with symptoms of HIV-related illnesses. CDC estimates that more than two-thirds of all infected persons in the United States have been diagnosed with HIV in such settings (30). HIV surveillance data do not represent untested persons or those who seek testing at anonymous test sites or with home collection kits; such persons cannot be reported through confidential HIV surveillance systems. However, the availability of these testing venues is highly important in promoting knowlege of HIV status among at-risk populations and provides an opportunity for counseling and referrals to appropriate medical diagnosis and care. Despite some limitations, HIV and AIDS case surveillance would provide a clearer picture of the HIV epidemic than AIDS case surveillance alone. Therefore, CDC and CSTE continue to recommend that HIV case surveillance be implemented as part of a comprehensive strategy to monitor the epidemic that includes HIV incidence and prevalence surveys, HIV and AIDS case surveillance, monitoring HIV-related mortality, supplemental research and evaluation studies including behavioral surveillance, and statistical estimation of incidence and prevalence of infection and disease. AIDS surveillance nationally and HIV surveillance in 32 States is conducted using the 4 name-based methods for case ascertainment that are used by other public health information systems. A name-based approach allows providers to report cases directly from their name-based medical records, facilitates elimination of duplicate case reports, enables cross-matching of HIV and AIDS data with other name-based public health data (e.g., tuberculosis surveillance) and permits follow-up with providers to collect HIV risk information and other data of public health importance. Through follow-up with providers, the AIDS surveillance system has provided an effective means to identify rare or unusual modes of HIV transmission, infection with rare strains of HIV, and to improve the prevention of AIDS-related opportunistic illnesses (31-35). Concerns Regarding HIV Surveillance Since 1985, many States have implemented HIV case surveillance as part of their comprehensive surveillance programs. The implementation of the 1993 expanded AIDS surveillance case definition prompted discussions of the rationale and need for data representing HIV-infected persons who did not meet the AIDS-defining criteria. Because many States considered implementing HIV reporting, in 1993, CDC held a consultation with public health and community representatives to discuss issues and concerns regarding HIV surveillance. Community representatives' main concerns were that the security and confidentiality standards of surveillance programs may not be sufficient to prevent disclosures of information, and that many persons at risk for HIV infection may delay seeking HIV counseling and testing because of these confidentiality concerns. The consensus of the consultants was that there were few, if any, published studies of sufficient scientific quality to provide objective answers to these concerns. Therefore, the consultants identified several areas that required additional research and policy development before CDC and CSTE should consider recommending further expansion of HIV surveillance efforts. These areas included: the impact of reporting policies on testing practices, including the decreased availability of anonymous testing in some States; the role of surveillance data in linking reported persons to prevention and care programs; the development of recommended uses and standards for the confidentiality of publicly-held HIV and AIDS surveillance data; and determining whether alternatives to reporting of patient names would reduce confidentiality risks while meeting the needs for surveillance data. In response to the consultants' recommendations, CDC initiated several research projects: 1) to assess the effect of name-based HIV surveillance on persons' willingness to seek HIV testing; 2) to evaluate the performance of non-name-based surveillance systems; and 3) to review program practices and legal requirements for the security and confidentiality of State and local HIV/AIDS surveillance data. Findings from these projects and expert advice from participants at numerous technical meetings and consultations held during the intervening period have informed the policies and practices recommended in this document. The interim findings from these projects are summarized in the following three sections: HIV Surveillance and Testing Behavior To determine the effect of changes in reporting policies on actual testing behaviors 5 among persons seeking testing at publicly funded HIV counseling and testing sites, CDC and six State health departments reviewed data routinely collected from these sites to compare HIV testing patterns in the 12 months before and the 12 months after the implementation of HIV case surveillance (36). In these areas, the number of HIV tests increased in four States, and decreased in two States, however, these declines were not statistically significant (Figure 4). Thus, these data do not suggest that, in these States, the policy of expanding HIV case surveillance adversely affected test-seeking behaviors. CDC recognizes that careful attention to providing accurate public education and factual mass media messages will be important to ensure that adverse outcomes do not occur in States that implement HIV case surveillance based on these Guidelines. In addition, CDC is supporting ongoing studies by researchers at the University of California at San Francisco (UCSF) and participating State health departments to continue to identify the most important determinants of test-seeking or test-avoidance among high-risk populations and to assess the impact of changes in HIV testing and reporting policies. Efforts to expand such studies to all States will assist them in more effectively monitoring the impact of changing medical interventions, epidemiology, and HIV case surveillance policies on test- and care-seeking behaviors. Preliminary data from surveys of high-risk persons about their perceptions and knowledge of HIV testing and HIV reporting practices found that few respondents' had knowledge of the HIV reporting policy in their State (37-38). In these settings, respondents reported high levels of testing, with approximately three-fourths reporting that they have had an HIV test. The most commonly reported factors that contributed to delays in seeking testing or not getting tested were fear of being diagnosed as having HIV, or belief that they were not at risk for HIV infection, factors reported by nearly half of respondents. About one-fifth responded that "reporting to the government" was a concern that may have delayed their seeking HIV testing; 2 percent of the respondents indicated that this was their main concern. Among different risk groups, the level of concern about name-based reporting of HIV infections to the health department, as the main reason for delaying or avoiding HIV testing, varied slightly; for men who have sex with men, the risk group that had the highest level of concern, "reporting to the government" was the main concern for 4%. In the context of current changes in State policies, the relative importance of various determinants of testing behaviors could change, and CDC will continue to assist States to evaluate the impact of policy changes on HIV testing patterns and HIV/AIDS surveillance data. Surveys of persons reported with AIDS found that persons who recognized their HIV risk and sought testing at anonymous testing sites entered care at a significantly earlier stage of HIV disease than persons who were only tested in confidential testing sites including those who were first tested when they became ill (39). This study emphasizes the importance of anonymous testing options in promoting knowledge of HIV status and in accessing care in a timely way. HIV Surveillance Based on Non-named Unique Identifiers To assess the feasibility of using alternatives to name-based methods for HIV surveillance, several States implemented reporting of HIV cases or CD4 laboratory results using 6 a variety of numeric codes. Other States considered or tried to conduct case surveillance without name-identifiers by using codes that were designed for non-surveillance purposes, e.g. codes that were intended for use in tracking patients in case management systems (40). CDC convened a meeting of these States in May 1995 that identified operational, technical, and scientific challenges in conducting surveillance using non-name codes. In addition, CDC supported research to evaluate the performance of a coded unique identifier (UI) in two States that implemented a non-name-based HIV case reporting system while maintaining name-based surveillance methods for AIDS (41). The evaluations conducted by these States from 1994 to 1996 indicated that social security number-based UI HIV surveillance systems were limited by the ability of providers to complete and forward UI-based reports, resulting in incomplete reporting. The evaluations were also unable to demonstrate that duplicate case reports could be reliably eliminated. For the follow-up of UI-based cases to collect risk and other epidemiologic data, providers maintained logs or other forms of documentation linking the UI to the name-based medical records. This process may pose additional confidentiality risks if physician-held surveillance registries are not protected by State confidentiality statutes or are located in non-secure areas. One of the States is continuing to collect case reports and to review and evaluate the performance of the UI HIV case surveillance system; the other is seeking to amend its regulations to begin name-based reporting of HIV infected persons. Confidentiality of HIV Surveillance Data In 1994, CDC and CSTE sponsored a review of State confidentiality laws that protect HIV surveillance data (42). All States and many localities have legal safeguards of confidentiality of government-held health data, and these laws were found to provide greater protection than laws protecting the confidentiality of health information held by private health care providers in clinical records. Most States have specific statutory protections for public health data related to HIV and other sexually transmitted diseases. However, State legal protections vary widely and CDC is promoting efforts to enhance and standardize privacy protections for public health data, including HIV/AIDS surveillance data. CDC has also reviewed State and local security policies and procedures. Since 1981, States have conducted AIDS surveillance, and few breaches of security have resulted in the unauthorized release of data (43). Because HIV-infected persons are reported earlier in their disease course than persons with AIDS and many such persons are remaining AIDS-free for longer periods as a result of treatment advances, information about them may be maintained by public health surveillance databases for longer periods. This has caused increased concerns about confidentiality of surveillance data among public health and community groups. Therefore, CDC has issued technical guidance for security procedures that include enhanced confidentiality and security safeguards as evaluation criteria for Federal funding of State HIV/AIDS surveillance activities (44). The receipt of Federal surveillance funding is dependent on the recipient's ability to ensure the physical security and the confidentiality of case reports. At the Federal level, HIV/AIDS surveillance data are protected by several Federal statutes, and privacy is also ensured by the removal of names and the encryption of data transmitted to CDC. Based on the importance of maintaining the confidentiality of persons who are diagnosed as HIV-infected by public and private health care providers, CDC is recommending additional 7 practices to enhance the security and confidentiality of HIV and AIDS surveillance data. HIV AND AIDS SURVEILLANCE GUIDELINES HIV/AIDS Surveillance Case Definitions for Children and Adults CDC, in collaboration with CSTE, has established new HIV and AIDS case definitions that include revised surveillance criteria for HIV infection and that incorporate the surveillance criteria for AIDS (10,13,45) (Appendix). HIV and AIDS surveillance reports forwarded to CDC should be based on these surveillance criteria. The HIV and AIDS surveillance case definitions for adults, adolescents, and children greater than or equal to 18 months of age includes laboratory and clinical evidence specifically indicative of HIV infection and severe HIV disease (AIDS). The HIV surveillance case definition for children less than 18 months of age updates the definition in the 1994 revised classification system based on recent data on the sensitivity and the specificity of HIV diagnostic tests and clinical guidelines for Pneumocystis carinii pneumonia (PCP) prophylaxis for children (13, 46-55) and for the use of antiretroviral agents for pediatric HIV infection (56) This definition will apply to children less than 18 months of age, except for those who acquired HIV infection through modes of transmission other than perinatal transmission (e.g., blood/blood product recipients). The revised surveillance case definitions will become effective . HIV and AIDS Case Surveillance Practices The following recommended practices update previous recommendations for State and local HIV reporting systems and are revisions to the CDC Guidelines for HIV/AIDS Surveillance released in April 1996 as a technical guide for State and local HIV and AIDS surveillance programs (20,44). Recommended Surveillance Practices All State and local programs should collect a standard set of surveillance data for all cases that meet the reporting criteria for HIV infection and AIDS. The standard data set includes the (i) patient identifier, (ii) earliest date of diagnosis for HIV infection, (iii) earliest date of diagnosis of an AIDS-defining condition, (iv) demographic information (date of birth, race/ethnicity, sex) and residence (city, State) at diagnosis of HIV and AIDS, (v) HIV risk exposure, (vi) facility of diagnosis, and (vii) date of death and State of residence at death. In addition to this information, the date of HIV diagnostic testing and the results of these tests should be collected for all infants with perinatal exposures to HIV. To address specific public health information needs, local surveillance programs may cross-match HIV and AIDS surveillance data with other public health data, such as for tuberculosis, and collect supplemental surveillance data on all or a representative sample of cases. CDC will provide technical assistance and standardized surveillance methods to assist in the collection of supplemental surveillance information. Surveillance information, without patient identifiers, should be encrypted and forwarded to CDC 8 through the HIV/AIDS Reporting System, as is current practice. Published evaluations of non-name based HIV surveillance in two States (41) together with results of meetings and consultations with States that have considered or used non-name identifiers have highlighted operational difficulties with these systems. Based on published evaluations, CDC has concluded that name-based HIV/AIDS surveillance systems are the most likely to meet the necessary performance standards (22, 57-61) as well as to serve the purposes for which surveillance data are required. Therefore, CDC advises that State and local surveillance programs use the same name-based approach for HIV surveillance as is currently used for AIDS surveillance nationwide. However, CDC recognizes that some States have adopted, and others may elect to adopt, non-name case identifiers for the public health reporting of HIV infection. CDC will provide technical assistance to all State and local areas to continue or establish HIV and AIDS surveillance systems and to evaluate their surveillance programs regardless of whether they use name or non-name based identifiers. HIV and AIDS surveillance should be used to identify rare or previously unrecognized modes of HIV transmission, unusual clinical or virologic manifestations, and other cases of public health importance. CDC will provide technical assistance to State and local health departments conducting such investigations and will revise public health recommendations based on the findings, as appropriate. HIV and AIDS case surveillance efforts should be directed toward the collection of data from all private and public sources of HIV-related testing and care services. Laboratory-initiated surveillance methods should be used to collect information for cases that meet the laboratory reporting criteria for HIV infection and AIDS. Statistics regarding persons who are tested anonymously should not be reported through the HIV/ AIDS Reporting System. These test results are reported anonymously to the HIV Counseling and Testing database. HIV-infected persons who are initially tested anonymously are only eligible to be reported to HIV/AIDS surveillance after they have been diagnosed by a health care provider and have test results or clinical conditions that meet the HIV and AIDS reporting criteria. All State and local surveillance programs should regularly publish, in print or electronically, aggregated HIV and AIDS surveillance data in a format that facilitates the use of these data by Federal, State, and local public health agencies; HIV Prevention Community Planning groups; academic institutions; providers and institutions that have reported cases; community-based organizations; and the general public. The presentation of surveillance data should be consistent with established policies for data release that preclude the direct or indirect identification of a person with HIV or AIDS. All State and local surveillance programs should conduct regular ongoing assessments of the performance of the surveillance system and redirect efforts and resources to ensure timely reporting of complete, representative, and accurate data. CDC will provide technical assistance and standardized evaluation methods to assist States in achieving the highest possible level of performance. Performance Standards 9 For the provision of accurate and timely data to monitor HIV and AIDS trends and to ensure a reliable measure of the number of persons in need of HIV-related prevention and care services, State and local HIV/AIDS surveillance systems must use reporting methods that provide complete (≥85 percent) and timely (≥66 percent of cases reported within 6 months of diagnosis) case reporting and unduplicated (≤5 percent duplicate case reports) surveillance data. At least 85 percent of cases, or a representative sample, should have HIV risk information after epidemiologic follow-up is completed. All HIV and AIDS surveillance systems should collect the recommended standard data in a reliable and valid manner, allow matching to other public health databases (for example, death registries) to benefit specific public health goals, and allow identification and follow-up of individual cases of public health importance. To assess the quality of HIV and AIDS case surveillance as specified in the performance standards, States and local surveillance programs must conduct periodic evaluations that include the use of at least one appropriate population-based data source (e.g., National Death Index) that is not used for routine case-finding. Program evaluations should also measure the potential impact of HIV surveillance on test-seeking patterns and behaviors and review the extent to which surveillance data are being used for planning, targeting, and evaluating HIV prevention programs and services. The goal of these performance evaluations is to enhance the quality and usefulness of surveillance data for public health action. During the next several years, CDC will assist States in transitioning from an AIDS-only surveillance program to an integrated HIV and AIDS surveillance system. CDC will assist States conducting HIV and AIDS surveillance to evaluate current performance levels, institute revised program operations and policies as necessary, and then reassess performance. CDC will evaluate and award proposals for Federal funding of State and local surveillance programs based on their capacity to meet these performance standards following this transition period. At that time, CDC will require that States adopt surveillance methods that will enable them to achieve the standards. Recommended Security and Confidentiality Practices State and local programs should have a description of their security policies and procedures available for external review. CDC will require that State and local areas include their security policy in applications for Federal surveillance funds. For optimal security, data should be maintained on a single electronic HIV and AIDS surveillance registry. In accordance with local laws, other files--paper and electronic (except for a backup for the central system)--that contain personal identifying information should be eliminated. All States should continue the established practice of not including personal identifying information in the HIV and AIDS surveillance data forwarded to CDC. State and local health departments should review their data retention policies. Policies should provide the flexibility to remove cases that were reported in error. State and local programs should also consider removing the names from surveillance records that no longer serve a public health purpose and to identify these cases through other means such as the use of the alpha-numeric code scheme currently used in HIV and AIDS 10 surveillance, date of birth, and other data routinely collected in case reports. State and local health departments should also review their confidentiality statutes to determine whether additional protections should be put in place before the implementation of HIV case surveillance. State and local confidentiality laws should include (i) the objectives of the collection of personal identifying information; (ii) the public health officials who have access to surveillance information and the justification for this access; (iii) the procedures, including time frame, for expunging personal identifiable information when no longer needed for the stated purposes; (iv) the safeguards against disclosing HIV and AIDS case surveillance data through subpoena or court order; and (v) the significant civil or criminal penalties for breaches of confidentiality. The confidentiality laws should protect surveillance data that are transmitted (in a secure and confidential manner consistent with CDC's HIV/AIDS surveillance program requirements) to other public health programs as part of evaluation studies or for follow up of cases of special public health importance. The penalties under law for violation of privacy and security should apply to all recipients of HIV and AIDS case surveillance information. Security and Confidentiality Standards The security and confidentiality policies and procedures of State and local surveillance programs should be consistent with CDC standards for surveillance programs. The following standards must be met as a condition of Federal HIV and AIDS surveillance funding: CDC requires that electronic HIV/AIDS surveillance data be protected by computer encryption during data transfer. Paper or unencrypted electronic case reports forwarded by providers should be used by surveillance staff to update the central surveillance registry and then should be destroyed. CDC requires that HIV and AIDS surveillance records be located in a physically secured area to limit and control access to surveillance records, and be protected by coded passwords and computer encryption. To further enhance security and confidentiality of the data, the use of a double-key encryption and decryption system, in which identifying information encrypted by the States using the first key can only be decrypted for access using the second key to be held by CDC, can be implemented by States using methods recommended by CDC. The key held by CDC will be protected by an Assurance of Confidentiality under Section 308(d) of the Public Health Service Act. Under this Assurance, the second CDC-held key would preclude States from accessing or releasing the HIV/AIDS surveillance data for non-public-health purposes. CDC requires that access to the HIV/AIDS surveillance registry be restricted to a minimum number of authorized surveillance staff who have been trained in confidentiality procedures and who are aware of penalties for unauthorized disclosure of surveillance information. The State Health Officer or other designated authorizing official should specify the persons who have access to confidential HIV/AIDS surveillance data and the duties to be conducted. Audit systems should be established to monitor access to and use of surveillance data. Non-surveillance personnel should not 11 have access to HIV and AIDS surveillance files. If State and local health departments develop data bases from the cross-matching of HIV/AIDS surveillance data with other surveillance data, HIV and AIDS surveillance records must not be used if the cross-matched data bases do not have equivalent security and confidentiality protections and penalties for unauthorized disclosure as those for the HIV and AIDS surveillance data. Such cross-matched data bases should use the minimum amount of surveillance data necessary to accomplish the specific public health activity. The use of HIV and AIDS surveillance data for research purposes must be approved by appropriate institutional review boards, and researchers should sign confidentiality statements. HIV and AIDS surveillance data made available for epidemiologic analyses must not include names or other identifying information. State and local data release policies should ensure that the release of data for statistical purposes does not result in the direct or indirect identification of persons reported with HIV and AIDS. If a breach of confidentiality occurs, State and local health departments should impose personnel sanctions and criminal penalties as appropriate. State and local health departments must investigate potential breaches of confidentiality, and impose personnel sanctions and criminal penalties as appropriate. All breaches of confidentiality are to be reported to CDC immediately. CDC will provide technical assistance to State and local health departments' investigations of such incidents, develop recommendations for improvements in local security measures, and provide oversight to monitor changes in program practices. Relationship to HIV Prevention and Care Programs The implementation of HIV case surveillance should not interfere with HIV prevention programs, including those that offer anonymous HIV counseling and testing services. Unless prohibited by State law or regulation, CDC requires that States and local areas provide opportunities to receive anonymous HIV counseling and testing services as a condition of Federal funding for HIV prevention. CDC strongly recommends that States prohibiting anonymous HIV testing change this practice, given the overriding public health objective of encouraging knowledge of HIV serologic status. All HIV testing services should continue to be voluntary and preceded by informed consent in accordance with local laws (62). All persons who are diagnosed with HIV infection should be referred to programs that provide HIV care, treatment, and comprehensive prevention case management services. Provider-based referrals of patients to prevention and care services provide a timely, effective, and efficient means of ensuring that individuals who have been diagnosed with HIV receive needed services. The primary function of HIV and AIDS surveillance is the collection of accurate and timely epidemiologic data; therefore, State and local HIV and AIDS case surveillance programs are not directed by CDC to share individual case reports with prevention or care programs, including those that provide partner notification assistance, case management, and other services for individual clients. Although some 12 areas have established direct linkages between surveillance and specific prevention programs, such linkages do not necessarily improve the provision of HIV prevention and care services. Areas that elect to establish such linkages must seek the concurrence of their prevention and care planning groups, require that recipients of surveillance information be subject to the same penalties for unauthorized disclosure as surveillance personnel, and evaluate the effectiveness of this public health approach. COMMENTARY The Surveillance Case Definition for HIV Infection and AIDS The revised HIV and AIDS surveillance case definition integrates HIV and AIDS reporting criteria in a single case definition and incorporates new laboratory tests in the laboratory criteria for HIV case reporting. For adolescents and adults, the 1999 HIV and AIDS case definition includes viral detection tests that were not commercially available when the case definition was revised in 1993. The revised case definition for HIV infection also permits the reporting of cases based on the result of any test licensed for the diagnosis of HIV infection in the United States. Although the reporting criteria generally reflect the recommendations for the diagnosis of HIV infection, the HIV reporting criteria are for public health surveillance and are not designed for making a diagnosis for an individual patient. The laboratory criteria include the serologic HIV tests described in the clinical standards for HIV diagnosis (63-64). The pediatric HIV reporting criteria include criteria for monitoring all children with perinatal exposures to HIV and reflect recent advances in diagnostic approaches that permit the diagnosis of HIV infection in the first months of life. With viral detection tests, HIV infection can be detected in nearly all infants 1 month of age or older. The timing of the HIV serologic and viral detection tests and the number of viral detection tests in the definitive and presumptive criteria for HIV infection are based on the recommended practices for the diagnosis of infection in children less than 18 months of age and on evaluations of the performance of these tests for children in this age group (46-55). The clinical criteria in the HIV and AIDS case definition are included to ensure the complete reporting of cases with documented evidence of HIV infection or AIDS-defining conditions. The AIDS-defining conditions are included as part of the integrated HIV and AIDS surveillance criteria. The presumptive and definitive AIDS-defining criteria have not been revised since 1993 and continue to include the laboratory markers of severe HIV-related immunosuppression and the opportunistic illnesses indicative of severe HIV disease. The development of AIDS-related opportunistic illnesses greatly increases mortality risks. Almost all deaths among persons with HIV infection are caused by AIDS-related opportunistic illnesses (65). Effect of National HIV Case Surveillance on Reporting Trends The changes in the HIV reporting criteria will have little effect on reporting trends in States already conducting HIV case surveillance. The number of HIV cases reported nationally 13 will increase primarily because of the implementation of HIV surveillance by the remaining States and local areas. Many of the States that will be implementing HIV case surveillance in the future have high AIDS incidence rates. Similar to the effect on AIDS surveillance trends after the implementation of the revised reporting criteria in 1993, the initiation of HIV surveillance by additional States may result in a sudden and large increase in HIV case reports (66). Based on CDC's estimates that approximately 220,000 HIV-infected persons without AIDS-defining conditions have been tested confidentially and reside in States that do not currently conduct HIV case surveillance (30), it is possible that this many persons could be reported with HIV infection from these States in 1999. However, it is more likely that reporting of prevalent HIV infections will be spread over several years and that the annual increases will be more modest. Initially, most case reports will represent persons whose HIV infection was diagnosed before HIV surveillance was implemented. As the reporting of prevalent HIV cases is completed, the number of HIV case reports will decrease and case reports will increasingly represent persons with recent diagnosis of HIV infection. To facilitate the interpretation of HIV surveillance data given that CDC promotes the continued availability of anonymous testing options, evaluations of HIV and AIDS surveillance systems will include assessments of the number of persons reported whose infection was initially diagnosed at an anonymous site and the time before these persons entered clinical care for their infection. These evaluations will be useful in determining the representativeness of HIV surveillance data, as well as the effectiveness of program efforts to refer persons into care services after diagnoses of HIV infection in anonymous settings. AIDS trends have declined nationally; however, because the AIDS surveillance trends are affected by HIV incidence, as well as the effect of treatment on the progression of HIV disease, it is not possible to predict future AIDS trends. AIDS surveillance will continue to be important in evaluating access to care for different populations and identifying changes in trends that might signal a decrease in the effectiveness of treatment. The long-term benefits of antiretroviral therapy and antimicrobial prophylaxis for AIDS-related illnesses continue to be defined, and various factors, such as access, adherence, treatment costs, and viral resistance will influence the utilization and effectiveness of these therapies and their effects on AIDS incidence and mortality trends (67-69). HIV and AIDS Surveillance Practices Laboratories will be an increasingly important source of information from which to initiate reporting. HIV infection is frequently diagnosed in the outpatient clinical setting, and laboratory-initiated reporting will be particularly useful in identifying outpatient sources of HIV testing (60). Although contact with individual providers is necessary to complete the reporting process, the routine collection of data from laboratories and managed care organizations promotes simplicity and efficiency of case reporting to local surveillance programs. Performance criteria for HIV and AIDS surveillance are necessary to ensure that surveillance data are of sufficient quality to target prevention and care resources and to detect emerging trends in the HIV epidemic. Evaluations of HIV and AIDS surveillance programs have shown that areas should be able to meet these performance criteria (57-61). According to these 14 evaluations, the completeness of HIV surveillance (79 to 95 percent) and AIDS surveillance (85 to 100 percent) is high and reporting is timely with nearly one-half of AIDS cases and three-quarters of HIV cases reported to the national HIV/AIDS reporting system within 3 months of diagnosis (6). In 1996, CDC estimated that the duplication rate of HIV and AIDS cases reported from different States to the national surveillance data base was less than 3 percent and 2 percent, respectively (24). The performance criteria also reflect the need for public health surveillance systems to serve as a basis for the identification and follow-up of cases of public health importance. Based on evaluation studies of non-name-based case identifiers and the current infrastructure of State and local health departments, name-based methods for collecting and reporting public health data provide the most feasible and reliable means for ensuring timely, accurate, and complete reporting of persons diagnosed with HIV and AIDS. Name-based reporting facilitates follow-up of perinatally-exposed infants to determine their infection status and of persons reported with HIV to determine progression to AIDS and vital status. The Security and Confidentiality of HIV and AIDS Surveillance The revision of the HIV reporting criteria provides an opportunity to review and strengthen State and local confidentiality laws and regulations. Although State HIV and AIDS surveillance confidentiality laws and regulations adequately protect privacy compared with the statutory protections of other health care data, State statutes differ in the degree of privacy protections afforded health information and the criteria for permissible disclosures of personal information. Most State statutes describe some permissible disclosures of public health information. To help ensure uniform confidentiality protections, CDC, CSTE, ASTHO, the National Conference of State Legislatures, and the Georgetown/Johns Hopkins Public Health Law Project are conducting a model State privacy law project. This project is developing model legislative language to protect confidential, identifiable information held by State and local public health departments against unauthorized and inappropriate use while still allowing the use of surveillance information to accomplish legitimate public health objectives. This process is projected to be completed by the end of 1998, and States that plan to implement HIV case surveillance should consider adopting the model legislation. Although HIV and AIDS surveillance systems have exemplary records of security and confidentiality, it is essential for all programs to identify ways to strengthen data protection because of the greater sensitivity of HIV case surveillance compared with that of AIDS case surveillance alone. The revised security requirements are based on a CDC review of the security practices of all State HIV and AIDS surveillance systems. The revised security standards will result in a reduction in the number of name-based surveillance registries and limitations on how these registries are used. CDC continues to conduct evaluations of methods to further enhance data security, including the use of coding and encryption of data collected in the HIV and AIDS reporting system. Based on these evaluations, CDC will provide technical guidance to facilitate the use of this approach by project areas. HIV Prevention and Care CDC has published guidelines concerning the provision and targeting of HIV counseling 15 and testing services (19, 27, 70-72), and provides support for most public sources of HIV testing. The availability of anonymous HIV testing services may be particularly important for persons who delay seeking testing because of a concern that others may learn of their serologic status. Studies have shown that the availability of anonymous HIV testing is associated with increased numbers of persons seeking testing services (73-76). Anonymous HIV testing services are a required element of federally supported prevention programs unless prohibited by State law or regulation. Currently, 39 States, Puerto Rico, and the District of Columbia provide anonymous HIV testing services. CDC advises that the decision about linkage between surveillance systems and prevention and care services, such as partner counseling and referral services (i.e. partner notification activities), be made at the local level. Voluntary partner notification services provide HIV counseling and testing to persons who may be unaware of HIV risk exposures, and these services are a required component of federally sponsored HIV prevention programs (77-78). All such prevention services are feasible, and in well-managed programs have been highly effective without being directly linked to HIV or AIDS surveillance data. Translating surveillance data into prevention priorities and programs requires informed decision-making by public health and community partners through the HIV Prevention Community Planning process which should guide whether and how such linkages are achieved. Such linkages should neither compromise the quality and security of the surveillance system nor compromise the quality, confidentiality, and voluntary nature of HIV prevention services. The primary function of HIV and AIDS surveillance remains the provision of accurate epidemiologic data for public health information, planning, and evaluation. Persons who have been diagnosed with HIV infection at either confidential or anonymous test sites should be promptly referred to facilities that provide confidential HIV care. Although not directly responsible for the delivery of medical care, CDC provides Federal direction for State and local programs that facilitate the referral of HIV-infected persons from counseling and testing centers and health education/risk-reduction programs to HIV care facilities. CDC has strengthened its technical assistance to HIV counseling and testing grantees to improve the referral system between HIV testing sites and care programs, in part by increasing coordination with the Health Resources Services Administration (HRSA) and the Ryan White CARE Act grantees. To provide further guidance, CDC has also undertaken a project to develop model contract language for Medicaid programs that serve people with HIV. CONCLUSION The implementation of a national surveillance network to include both HIV and AIDS surveillance is a necessary response to epidemiologic trends and new standards for HIV care. Integrated HIV and AIDS surveillance programs will provide data to characterize persons newly diagnosed with HIV infection, including those with evidence of recent infection, persons with severe HIV disease (AIDS), and those succumbing to HIV and AIDS. The revised HIV surveillance case definitions and the establishment of performance criteria will promote uniform case ascertainment and will ensure that the surveillance data are of sufficient quality for effective planning and allocation of resources for prevention and care programs. The successful implementation of HIV and AIDS surveillance will require that State and local areas further 16 ensure the security and confidentiality of surveillance data. This can be promoted through enhancements to data systems and confidentiality policies, training and management of public health personnel, and by use of the HIV Prevention Community Planning process to determine the appropriate use of surveillance data by prevention and care programs. 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JAMA 1989;262:2572-6. 21 BOX. Revised Surveillance Case Definition of HIV Infection (including AIDS)* This revised definition of HIV infection, which applies to any type of HIV (e.g., HIV-1, HIV-2), is intended for public health surveillance only. The revised criteria for HIV infection update the definition of HIV infection implemented in 1993 (10); the revised HIV criteria apply to AIDS-defining conditions (10) that require laboratory evidence of HIV. This definition is not presented as a guide to clinical diagnosis or for other uses (10,12). I. In adults, adolescents, or children >18 months of age, a reportable case of HIV infection meets any of the following criteria: Laboratory Criteria Positive result on a screening test for HIV antibody (e.g., repeatedly reactive enzyme immunoassay) followed by a positive result on a confirmatory (sensitive and more specific) test for HIV antibody (e.g., Western blot or immunofluorescence antibody test), OR, Positive result on any of the following HIV virologic detection (non-antibody) tests: HIV nucleic acid (DNA or RNA) detection (e.g. DNA polymerase chain reaction (PCR), plasma HIV-1 RNA levels)# p24 antigen test, including neutralization assay Virus isolation (culture) OR Clinical Criteria (if the above criteria are not met) Diagnosis of HIV infection documented in a medical record by a physician, OR, Conditions that meet criteria included in the case definition for AIDS (10,12) II. In a child <18 months of age, a reportable case of HIV infection meets any of the following criteria: Laboratory Criteria Definitive Positive results on two separate determinations (excluding cord blood) from one or more of the following HIV virologic detection (non-antibody) tests: HIV nucleic acid (DNA or RNA) detection# p24 antigen test, including neutralization assay Virus isolation (culture) OR Presumptive Positive results on only one (excluding cord blood) of the definitive HIV virologic detection tests OR Clinical Criteria (if the above criteria are not met) Diagnosis of HIV infection documented in a medical record by a physician, OR, Conditions that meet criteria included in the 1987 pediatric surveillance case 22 definition for AIDS (12,13) III. A child <18 months of age born to an HIV-infected mother will be categorized for surveillance purposes as not infected with HIV according to any of the following criteria: Laboratory Criteria Definitive At least two negative HIV antibody tests from separate specimens obtained at ≥ 6 months of age, OR, At least two negative HIV virologic detection tests** from separate specimens, both of which were obtained at >1 month of age and one of which was drawn at >4 months of age AND No other laboratory or clinical evidence of HIV infection (i.e., has not had any positive virologic test results, if performed, and has not had an AIDS-defining condition) OR Presumptive One negative result from an HIV antibody test performed at >6 months of age, OR, One negative HIV virologic detection test** performed at >4 months of age, OR, One positive HIV virologic detection test with at least two later negative tests**, at least one of which is after 4 months of age; or negative HIV antibody test results, at least one of which is at >6 months of age. OR Clinical Criteria Determined by a physician to be uninfected, and a physician has noted the results of the preceding HIV diagnostic tests in the medical record AND No other laboratory or clinical evidence of HIV infection (i.e., has not had any positive virologic test results, if tests were performed, and has not had an AIDS-defining condition) IV A child <18 months of age born to an HIV-infected mother will be categorized as having indeterminate HIV infection if the child does not meet the criteria for HIV infection (II) or the criteria for the absence of HIV infection (III). *The revised surveillance criteria for HIV infection were approved and recommended by the membership of the Council of State and Territorial Epidemiologists (CSTE) at the 1998 annual meeting. Draft versions of these criteria were previously reviewed by state HIV/AIDS surveillance staffs, CDC and CSTE laboratory experts; in addition the pediatric criteria were reviewed by an expert panel of consultants. 23 #Plasma viral RNA nucleic acid tests should not be used as screening tests for the purpose of diagnosing HIV infection. ** HIV nucleic acid (DNA or RNA) )detection tests are the virologic methods of choice to exclude infection. Although HIV culture can be used for this purpose, it is more complex and expensive to perform and is less well standardized than nucleic acid detection tests. The use of p24 antigen testing to exclude infection is not recommended because of its lack of sensitivity. DRAFT: December 17. 1999 Dear Addressee: Human immunodeficiency virus (HIV) case surveillance serves critical public health goals as have been detailed in the Guidclines for National HIV Case Surveillance and accompanying materials. For example, HIV case surveillance enhances local, State, and Federal efforts to prevent HIV transmission. It also helps public health authorities evaluate the impact of public health interventions. On December 10. 1999, the Centers for Discase Control and Prevention (CDC) published "Guidelines for National HIV Case Surveillance. Including Monitoring for HIV Infection and Acquired Itnmunodeficiency Syndrome" in the Morbidity and Mortality Weekly Report (MMWR) Recommendations and Reports. These Guidelines can be accessed at www.cdc.gov. The Guidclines include a revised case definition for HIV infection in adults and children. recommended surveillance program practices, and performance and security standards for conducting HIV/AIDS surveillance by local, State. and territorial health departments. HIV case surveillance must also protect the confidentiality of personal data. The purpose of this letter is to clarify and emphasize key points in the Guidelines related to confidentiality and security. As you may be aware, on November 3, 1999, the Department of Health and Human Services (HHS) published a Notice of Proposed Rule Making regarding Standards for Privacy of Individually Identifiable Health Information. This proposed rule is mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The rule provides privacy protections for personal medical information held by covered health care providers. health plans. and health care clearinghouses. The proposed rule would not preempt State public health reporting laws or more stringent State privacy protections. 60226 90/20'd 1-18 From-EXECUTIVE SECRETARIAT E2:81 88-21-200 JJWIC COICTOR 707 PAY 07:RT THE To help ensure the security and confidentiality of HIV surveillance data under State confidentiality laws, the CDC Guidclines include a recommendation that States and territories consider implementing the "Model Public Health Privacy Act" (Model Act), if necessary. to strengthen their current public health laws. This Model Act was developed by Georgetown University. at the request of the Council of State and Territorial Epidemiologists (CSTE). to promote minimum standards for the protection of publicly held public health surveillance data The provisions of the Model Act would enhance the confidentiality of surveillance data. strengthen statutory protections against disclosure, and preclude the unauthorized use of surveillance data. Additionally, the Model Act contains strong penalties for unauthorized disclosure of personal identifying data by public officials. It also permits access to civil remedies (e.g. compensatory and punitive damages) to any person aggrieved by disclosure of protocted health information in violation of the Model Act. As part of the surveillance program. CDC offers to States the option of requesting that CDC and the State jointly restrict access to HIV/AIDS surveillance data through the implementation of a dually-held cncryption-decryption code that would be legally protected under a Federal assurance of confidentiality as authorized under Section 308(d) of the Public Health Service Act. 42 U.S.C. 242m(d). In addition to legal protections of surveillance data, CDC's HIV Surveillance Guidelines set forth minimum standards for the security of HIV/AIDS surveillance data to establish a minimum level nationwide, consistent with individual State laws. The security requirements were developed with input from the States following visits by CDC staff to all State health departments. CDC provided 1998 supplemental funding to States, to help them comply with the standards. States are required to meet these standards in order to receive Federal funds under the HIV/AJDS surveillance cooperative agreement, effective January 1, 2000, the same date the Guidelines become effective. All States have met CDC's minimum security requirements by providing CDC with a written certification and designating an Overall Responsible Party for the security and confidentiality of HIV/AIDS surveillance data, T-136 P.03/05 F-208 From-EXECUTIVE SECRETARIAT 2:81 86-11-200 LIVIC COICTOR VVJ 07'RT TMJ RR/IT/ZT Two key points in the Guidelines Minimum Security and Confidentiality Standards are highlighted below: Access to the HIV/AIDS surveillance registry should be restricted to a minimum number of authorized surveillance staff, who are designated by a responsible authorizing official, have been trained in confidentiality procedures, and are aware of the penalties for unauthorized disclosure of surveillance information. The State Health Office of other designated authorizing official should specify the persons who have access to confidential HIV/AIDS surveillance data and the duties to be conducted. Audit systems should be established to monitor access to and use of surveillance data. Non-surveillance personnel should not have access to HIV and AIDS surveillance files. State and local health departments must investigate potential breaches of confidentiality, and impose personnel sanctions and criminal penalties as appropriate. All breaches of confidentiality are to be reported to CDC immediately. CDC will provide technical assistance to State and local health departments' investigation of such incidents. develop recommendations for improvements in local security measures, and provide oversight to monitor changes in program practices. CDC recognizes that some States have elected and others may elect to use patient codes when implementing HIV case reporting. Regardless of the type of patient identifier (names of codes) that States use, CDC will provide funds to any State whose reporting system meets the qualifications set out in the Guidelities. CDC will work with States that wish to develop non- name-based reporting systems that qualify for Federal funding. CDC will also share information on these reporting systems with other interested States. CDC affirms its commitment to the security and confidentiality of personally identifying HIV/AIDS surveillance data by 981-1 From-EXECUTIVE SECRETARIAT 1::24 88-11-280 $ 00 00 JJWIC In JAIRO COICTOR 707 VVJ 07:RT TMJ RR/IT/ZT recommending the Model Act for consideration by States where existing State statutes are less stringent, and by requiring States to most minimum security standards. Sincerely, Jeffrey P. Koplan, M.D., M.P.H. Director CC: OD CDC/W NCHSTP NCHSTP/DHAP Doc. Name: KoplanJenningsHITVletterv1.wpd Prepared by: P, Fleming, NCHSTP/DHAP-SE/SB. (404) 639-2040:12/13/99 Spelling verifier used by: ctnp3:12/13/99 Spelling verifier used by:DAcevedo 12/17/99 T-136 P.05/05 F-208 From-EXECUTIVE SECRETARIAT 18:24 88-21-200 con m JJWIC In NATHO CO/CTNE 707 IAA 67:RT TXI RR//T/ZT