Date:         Tue, 16 May 1995 10:18:21 -0400

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Dear Friends,
 
Here is an issue that needs our attention.
 
Please let us know if you do send a letter or make a call in response to this
alert. It helps us know whether or not these alerts are effective.
 
On May 4th S.B. 889 (Leslie) passed the State Senate Health and Human
Services Committee. This is another mandatory HIV testing bill that requires
testing of a broad group of people and requires a violation of the principle
of confidentiality of test results. Please see the first paragraph of the
attached sample letter for details on the provisions of this bill.
 
According to the California Office of AIDS, the cost of an HIV antibody test
ranges from $4-$8 per test. Also, the Department of Health Services indicates
that in 1993 there were over 584, 000 live births in California. The
Department indicates that 232,000 of those births were paid for by Medi-Cal.
Thus, conservatively, S.B. 889 would cost $2,338,000 of which $928,000 would
be paid by medical. You pay the higher amount in the form of increased
insurance premiums and the smaller amount in the form of taxes to support the
Medi-Cal program. Please note, these costs do not include the costs of follow
up tests to confirm a positive reading on the first test. The Office of AIDS
estimates that the follow up test costs about $19-$20 per test.
 
Sadly, all this testing would tell us nothing about the HIV status of the
baby. Any HIV antibodies detected by the test would be from the mother. The
baby doesn't start to produce antibodies until up to 18 months after birth.
 
Please write to Patrick Johnston, Chair of the Senate Appropriations
Committee urging him to defeat S.B. 889. Feel free to use the enclosed sample
letter or compose your own. A personal letter is more effective.
 
 
                                          SAMPLE LETTER
 
 
The Hon. Patrick Johnston, Chair
The Senate Appropriations Committee
The California State Legislature
Sacramento, CA 95814
 
Dear Senator Johnston:
 
I am writing to urge you to oppose S. B. 889 (Leslie) which will come before
you soon in the Senate Appropriations Committee. S.B. 889 requires that all
newborns in California be tested for HIV infection at the time of delivery,
and requires that test results be reported to the mother, the father if the
mother cannot be located, the health professionals providing prenatal care or
attending at the time of delivery and others.
 
An average of 583,000 children are born in California each year. The cost of
testing every one of them for HIV would be astronomical and the cost of the
test for most children born in poverty would be paid for by government.
Surely it would be more cost effective to limit testing to situations in
which there is an increased likelihood of HIV infection. In addition, testing
newborns for HIV tells nothing about their HIV status. Newborn children do
not develop an immune system for up to 18 months after birth. Thus, any HIV
antibodies detected at the time of birth were received from the mother and
would indicate the HIV status of the child's mother, not the child.
 
As a result, requiring the test would amount to involuntary testing of the
mother. This would be in violation of current law requiring informed consent
for HIV testing. It would also contradict Centers for Disease Control policy
urging counseling and voluntary testing of pregnant women.
 
A recent amendment to S.B. 889 makes application of the bill contingent upon
receiving federal waivers to the rules prohibiting release of information
about the HIV status of the individual. California's legislative process is
very expensive. Aside from the doubtful value of this legislation I believe
you should not be wasting the tax payer's money on legislation that can only
become effective if and when such waivers can be obtained.
 
Please vote no on S.B. 889.
 
Yours truly,
 
(YOUR SIGNATURE)
 
Please do let us know of any letters or messages you send or calls that you
make in response to this action alert.
 
Love,
 
 
Boyce Hinman
LAMBDA LETTERS