Official Statement from AIM-Med.org
Earlier this year, the State attempted to violate Federal HIPAA and related privacy laws by demanding personal, identifying information from a patient who tested positive for HIV in June 2009. The California judiciary, specifically Judge Winifred Smith of Alameda County, rejected those lawless efforts and issued a preliminary injunction last summer. Through the press, the State is making the same unlawful demands again, while knowing that the State is under a binding injunction barring it from demanding access to those kinds of records.
The inflammatory comments from private entities, primarily interested in self-promotion, are based upon ignorance and fear-mongering. At this time, it is impossible to know if the patient acquired the HIV virus from private conduct or on-camera activity. The industry is behaving responsibly and cautiously, as it always has, by placing a moratorium on filming any person one or two generations removed from sexual contact with the current patient. Upon completion of testing that cohort, in about 10 days or two weeks, as well as highly sophisticated analyses of the genetic components of the infection, the nature of the exposure will be determined. The current round of crudely defamatory and baseless criticism is unrelated to genuine concerns about the patient’s well-being or the health and welfare of the community.
AIM has always encouraged safe sex practices in adult productions and continues to provide free condoms to the industry. The health and welfare of the target population and the larger community is the mission of AIM. Acquiring grants and expanding public funding for self-promotion activities is not.
I read that the quarantine list was in flux as late as yesterday. Does that mean AIM doesn’t have a definite idea on who the performer has had sex with? Withholding life impacting information will not be protected by HIPAA (Security Rule) and can make AIM vulnerable to civil suits.
That being said, ANY producer who continues filming at this point is opening himself up to a series of successful lawsuits.
..or even CRIMINAL negligence.
“At this time, it is impossible to know if the patient acquired the HIV virus from private conduct or on-camera activity.”
Very troubling. So “Patient Zero” may not in fact be Patient Zero. We are assuming he contracted it from the gay side but lets not make asses of ourselves…
ok…enough of the bullshit !! Who are the infected so we can know?? are do we have to pay that guessing game? let’s go test for dollars$$ just to find out if its your number or anybody elses.
Here is how it works folks…….
A person tess positive for HIV.
The Dr. wo ordered the tes is resposible reprtyhis to the “Los Angeles HIV Epidemeiology Program.”
this is a very specific program in the Los ANgeles County Health department. It is NOT the same department that other std’s are reported to.
Now here is the big difference….it is the legal dutry of the county to track and inform paitients reported with std’s other than HIV. BUT, if the Dr. who ordered those tests indicates in his reportto the county that this patient has already been notified, and all the proper stedps taken, the county will consider the case closed,,AIM does do this.
Now, for HIV,,IT is the LEGAL RESPONSIBILITY of the Referrring physician,NOT the county, to contact and iform any possibly ifected individual.
One might ask why OSHA just doesnt get the name from the Epidemioloy Department,,,becuae last time they tried the Epidemiology Dept. literaly laughed in their faces.
The only thng different AI is doing now compared to 2004 is printing the q-lit on a public website.
Unless the infected idividual gives a specific written waiver, NOBDY has any RIGHT to know who he is.
AIM has been voilating the law for years, and now that they are following the law everybody gets in a little tizzzt.
Why do so many in the prn industry think that these laws dont apply to them,,,,,,
The only thing that can change any of these plicies is LEGISLATION,,,and will the porn indutry support legislation,,new laws,,,that tell them what to do and how to do it. Of course not,,,they just want their cake and eat it too.
Toobad porners,,,the rules are now applying to you.
AIM cannot even legally tell you if it is a male or female.