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Showing posts with label HIV/AIDS. Show all posts
Showing posts with label HIV/AIDS. Show all posts

Thursday, March 16, 2017

Social Security Disability Made a Slight Change for HIV-Positive Recipients, Routine Reviews of Eligibility

Some folks are rather concerned, to say the least, over a recent "emergency message" from Social Security. It explains that SSA (disability) recipients who qualified because they have HIV will now be subject to routine reviews of their eligibility status every one to seven years.

article by Tim Murphy From TheBody.com | March 15, 2017                    
In the more than 25 years prior, recipients with HIV were not subject to such reviews. Now, some are upset and suspect that the change is a part of the scary new Trump/GOP era. "This is the beginning of the end," one wrote on an HIV disability email chain.

In a time of threatened cuts to other forms of health care access, the fact that Medicare coverage is linked to SSA eligibility increases the anxiety about this change.

However -- you should NOT be freaking out, according to HIV benefits expert Justin Hayford, a legal advocate at Legal Council for Health Justice (formerly AIDS Legal Council of Chicago). He told TheBody.com that this change has been years in the making.

"I'm surprised it hasn't happened sooner," he said, given that, since at least 2000, Social Security has no longer considered HIV diagnosis alone to be a stand-alone cause for ongoing inability to work.

All the change means, he said, is that people who get SSA disability because of their HIV will have their case reviewed every few years along with everyone else on SSA. (Only people living with HIV who have certain other conditions, such as certain lymphomas or sarcomas, will be excluded from the need for review.)

But, even when or if your review happens, it's likely your SSA won't be taken away because you may have other diagnoses that qualify you for disability, such as chronic neuropathy, diarrhea, fatigue, depression, anxiety, bipolar disorder, heart disease, diabetes -- or any other number of conditions that often go hand in hand with an HIV diagnosis (especially among HIV long-timers).

The most important thing to know and do? Be meticulous in documenting all your health issues with your doctor, even if they include things such as neuropathy, fatigue or gastrointestinal problems that you've lived with so long that you no longer bring them up at doctor visits. Having them on the record will be crucial when and if your disability benefits do come up for review. (And even that may depend on how much staff SSA has.)

This cannot be stressed enough. "Make sure your doctor is putting these things in your medical record if SSA does a review!" insisted John Peller, president/CEO of AIDS Foundation of Chicago, to TheBody.com.

"This Is Not a Trump-Era Hunt to Kick You off the SSA Rolls"
Beyond that, you should take a deep breath. "It's really important to assure people with HIV that this is not a Trump-era hunt to kick you off the SSA rolls," said Hayford. "It just means you'll be treated like everyone else on SSA, to reflect changes in HIV treatment the past many years."

According to Hayford, SSA anxiety reflects anxiety he is hearing from clients about losing their Ryan White (ADAP) coverage under Trump and a GOP Congress. That, too, is not grounds for worry, he said. "There's been longstanding bipartisan support for Ryan White, and I don't think that will change."

While there's hope that ADAP programs will remain strong, there's real concern that HIV care may be affected by changes coming down the pike from the administration and Congress.

So the real causes for freak-out right now, Hayford said, are the ongoing threats to Medicaid and Obamacare. He urges you to get involved in the fight to keep them. Families USA is a great place to get involved, he said. "Or, look around for groups in your area that are protesting against the cuts."

You can start by calling your local or regional HIV/AIDS agency.

Tim Murphy has been living with HIV since 2000 and writing about HIV activism, science and treatment since 1994. He writes for and has been a staffer at POZ, and writes for the New York Times, New York Magazine, Out Magazine, The Advocate, Details and many other publications. He is also the author of the NYC AIDS-era novel Christodora.
http://www.thebody.com/content/79529/yes-ssa-disability-just-made-a-slight-change-for-h.html

Wednesday, November 30, 2016

World AIDS Day - Dec. 1st 2016

World AIDS Day, designated on 1 December every year since 1988, is dedicated to raising awareness of the AIDS pandemic caused by the spread of HIV infection, and mourning those who have died of the disease. Government and health officials, non-governmental organizations and individuals around the world observe the day, often with education on AIDS prevention and control.
World AIDS Day is one of the eight official global public health campaigns marked by the World Health Organization (WHO), along with World Health Day, World Blood Donor Day, World Immunization Week, World Tuberculosis Day, World No Tobacco Day, World Malaria Day and World Hepatitis Day. Since 1995, the President of the United States has made an official proclamation on World AIDS Day.
As of 2013, AIDS has killed more than 36 million people worldwide (1981-2012), and an estimated 35.3 million people are living with HIV, making it one of the most important global public health issues in recorded history. Despite recent improved access to antiretroviral treatment in many regions of the world, the AIDS epidemic claims an estimated 2 million lives each year, of which about 270,000 are children. 
(Info From Wikipedia, the free encyclopedia)

The HIV Testing Sites & Care Services USA Locator - AIDS.gov


In the United States of America, we have HIV Testing Sites & Care Services Locator is a first-of-its-kind, location-based search tool that allows you to search for testing services, housing providers, health centers and other service providers near your current location.
Check in the part of country you live in, on Dec.1st there are many free testing sites available.

Tuesday, November 15, 2016

Another McDonald’s To Pay $103,000 To Settle EEOC Disability Discrimination Suit

Restaurant Fired Employee Because of His HIV Status, Federal Agency Charged
LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark., will pay $103,000 and furnish other relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
EEOC's lawsuit challenged McDonald's treatment of an employee when the restaurant fired him within days of learning of his HIV-positive status. The suit also charged that the companies' policy of requiring all employees to report the use of prescription medication is also unlawful.
Such alleged conduct violates the Americans with Disabilities Act (ADA). EEOC filed suit (Mathews Management and Peach Orchard, Inc. d/b/a McDonald's Store # 32295, Civil Action No. 5:16-CV-05166TLB) in U.S. District Court for the Western District of Arkansas, Fayetteville Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.
After EEOC filed suit, the former employee intervened in the case with his own lawsuit and was represented by Joshua L. Bailey of the Hogue Law Firm in Fayetteville, Ark.
In addition to the monetary payment, the companies will also conduct disability training for its managers and revise their policy requiring mandatory disclosure of prescription medications.
"EEOC remains committed to protecting employees from disability discrimination on the job," said Faye A. Williams, regional attorney of the agency's Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi. "EEOC commends the companies for working with us to quickly resolve this matter prior to trial."
Mathews Management Company owns and operates 34 McDonald's restaurants, including all of the restaurants in Northwest Arkansas and adjacent areas in Missouri and Oklahoma. This includes the store located in Bentonville.
EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov . 
SOURCE: EEOC PRESS RELEASE on Nov.10, 2016

Tuesday, July 5, 2016

EEOC Sues McDonald’s Franchise for Disability Discrimination

from a Press Release on July 5, 2016

Bentonville Restaurant Management  Companies Fired Employee Because of His HIV Status, Agency  Charges
LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark., violated federal law when it fired an employee because of his HIV-positive status, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
EEOC's suit alleges the companies violated the Americans with Disabilities Act (ADA) when they terminated the employee within days of learning of his HIV status. The suit also alleges the companies maintain a policy of requiring all employees to report the use of prescription medication, also in violation of the ADA.
Disability discrimination violates the ADA. EEOC filed suit in Civil Action No. 5:16-cv-05166 -PKH, in U.S. District Court for the Western District of Arkansas, Fayetteville Division, after first attempting to reach a settlement through its pre-litigation conciliation process. The suit seeks monetary relief in the form of back pay and compensatory and punitive damages, compensation for lost benefits, removal of the prescription medication policy, and an injunction against future discrimination.
"The ADA mandates that persons with disabilities have an equal opportunity to achieve success in the workplace," said Katharine W. Kores, district director of EEOC's Memphis District Office, which has jurisdiction over Arkansas, Tennessee, and portions of Mississippi. "People with HIV face enough obstacles in their lives. The ability to work in an environment free of discrimination should not be one of them."
Mathews Management Company owns and operates 34 McDonald's restaurants, including all of the restaurants in Northwest Arkansas and adjacent areas in Missouri and Oklahoma.
EEOC enforces federal laws prohibiting employment discrimination. Further information about EEOC is available on its web site at www.eeoc.gov.
https://www.eeoc.gov/eeoc/newsroom/release/7-5-16.cfm

Wednesday, June 8, 2016

Illinois Instant Lotto Game Raises Millions of Dollars to Support Illinoisans living with HIV/AIDS

The Illinois Lotto is continuing to have instant games to benefit specific causes which are disability related:

from a Press Release on June 8, 2016 from the Illinois Lottery:

Unique Instant Game Raises Millions of Dollars to Support Illinoisans living with HIV/AIDS
                                                                                           
WHAT
As part of its mission to fund necessary programs in the State of Illinois and create awareness about life changing illnesses, the Illinois Lottery and the Illinois Department of Public Health will launch the Red Ribbon Cash ticket. It is the nation’s only instant lottery game whose total net proceeds fund education and support programs for people living with HIV/AIDS.


for more the Red Ribbon Cash ticket, visit: http://www.illinoislottery.com/redribboncash



About Illinois Lottery: Founded in 1974, the Illinois Lottery has contributed nearly $18 billion (since 1985) to the state’s Common School Fund to assist K-12 public schools, as well as hundreds of millions of dollars to the Capital Projects Fund and to special causes like Illinois Veterans services, the fight against breast cancer, MS research, Special Olympics and assistance for people living with HIV/AIDS. In addition to playing in-store, the Illinois Lottery offers online and mobile play for all draw-based Illinois Lottery games at illinoislottery.com. Players must be at least 18 years old.

Tuesday, April 12, 2016

Justice Department Settles with Indiana Doctor Over Discrimination Against an Individual with HIV

from a Press Release on April 7, 2016
Department of Justice

The Justice Department filed a lawsuit and consent decree today to resolve allegations that Pain Management Care P.C., of South Bend, Indiana, refused to treat an individual because he has HIV, in violation of Title III of the Americans with Disabilities Act (ADA).

The department’s investigation found that the individual had sought interventional pain management treatment through anesthesiologist and pain management specialist Dr. Joseph Glazier.  An employee of Pain Management Care informed the individual that Glazier would not treat him “due to [his] condition of being HIV positive.”  Title III of the ADA prohibits public accommodations, such as healthcare providers, from discriminating against people with disabilities, including HIV.
Under the consent decree, which still must be approved by the court, Pain Management Care P.C. will develop a non-discrimination policy, provide ADA training to its employees, submit annual reports to the United States, pay $20,000 to the complainant in monetary damages and $10,000 in civil penalties to the United States.
“The Justice Department is committed to eradicating discrimination resulting from the unfounded fear and dangerous stereotype that someone with HIV would pose a threat to a medical provider,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Discrimination by those in the medical profession breaks a trust critical to ensuring access to appropriate treatment for all.”
This settlement is part of the department’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s Offices across the nation to target enforcement efforts in a critical area for individuals with disabilities: access to health care.  For more information on the Barrier-Free Health Care Initiative visit http://www.ada.gov/usao-agreements.htm.
For more information on the ADA, HIV discrimination and this lawsuit, visit www.ada.gov/aids.  Those interested in finding out more about the obligations of healthcare providers under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email to ada.complaint@usdoj.gov
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The relevant court documents can be found at the following links: complaint and consent decree.  
https://www.justice.gov/opa/pr/justice-department-settles-indiana-doctor-over-discrimination-against-individual-hiv

Monday, February 22, 2016

Yesterday’s Pub & Grille (N.C.) Sued by EEOC For Disability Discrimination

from a Press Release Feb 11, 2016
U.S. Equal Employment Opportunity Commission

Supervisor Refused to Hire HIV-Positive Employee for Server Position
GREENSBORO, N.C. - Sappyann, Inc., which operates Yesterday's Pub & Grille restaurant in Sanford, N.C., violated federal law by discriminating against an employee when it refused to hire him because he is HIV-positive, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to EEOC's lawsuit, Aubrey Hawkins applied for a position as a server at Yesterday's Pub around April 22, 2015. Hawkins interviewed with the restaurant's manager and then separately with the owner. EEOC alleges that during the interview, the owner questioned Hawkins about a medical discharge from the military and Hawkins disclosed that he has an immunodeficiency. The complaint alleges that Hawkins was given personnel paperwork and was instructed to return the paperwork and begin work the next day. When Hawkins went to the restaurant the next day, however, he was asked more questions about his immunodeficiency by the owner, and Hawkins responded that he has HIV (human immunodeficiency virus). The complaint alleges that the owner then withdrew Hawkins' job offer citing a concern about Hawkins working around food with HIV. Hawkins attempted to address the owner's concern by providing the company with information showing that it is safe for him to work in the food industry despite his HIV status. However, Yesterday's Pub still refused to hire Hawkins due to his HIV status.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which protects employees from discrimination based on their disabilities. EEOC filed suit in U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. Sappyann, Inc. d/b/a Yesterday's Pub & Grille, Civil Action No. 1:16-CV-00104) after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC seeks back pay, compensatory damages and punitive damages.
"An employer cannot refuse to hire an applicant based solely on fears or other assumptions about the applicant's ability to safely perform the duties of the job, simply because the applicant has a disability," said Lynette A. Barnes, regional attorney for EEOC's Charlotte District. "EEOC will continue to litigate cases where people with disabilities are not provided to work in jobs that they qualify for and can perform."
EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about EEOC is available on the agency's website at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/2-11-15a.cfm

Wednesday, February 3, 2016

NATIONAL BLACK HIV/AIDS AWARENESS DAY TWITTERCHAT FEBRUARY 4 AT 3:00 PM EST


National Black HIV/AIDS Awareness Day (NBHAAD) is a time-honored day to raise awareness of HIV in the African American community and to promote getting involved, getting tested for HIV, and, for those who are living with HIV, getting into care to stay healthy and prevent transmission.

To promote action on this important day – February 7th, which is also Super Bowl Sunday this year – CDC’s National Prevention Information Network will host an NBHAAD Twitterchat on Thursday, February 4, from 3:00 pm to 4:00 pm EST. The All-Star lineup includes:
  • Douglas Brooks, MSW, Director of the Office of National AIDS Policy (@dmbrooks44)
  • Jonathan Mermin, MD, MPH, Director, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention at CDC (@DrMerminCDC)
  • Hazel Dean, ScD, MPH, Deputy Director of the National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention at CDC (@DrDeanCDC)
  • The Strategic Leaderships Council (@NatBlackAIDSDay)
  • Act Against AIDS, CDC’s public campaigns for HIV prevention, testing, and treatment (@talkHIV)
  • AIDS.gov (@AIDS.gov)
Up your NBHAAD game by joining #NBHAADchat to learn the latest about HIV among African Americans, what others are doing for NBHAAD, what materials and resources are available, and to share your activities and stories. Your Tweets are important to kick off NBHAAD 2016 in winning style!

# information in this post is from a press release by the  U.S. Department of Health & Human Services
https://blog.aids.gov/2016/02/get-your-game-on-national-black-hivaids-awareness-day-twitterchat-february-4-at-300-pm-est.html