The Senate Health Committee on Wednesday approved SB 945 by Senator Nell Soto (D – Pomona), a bill that would allow health care providers and labs to confidentially report the names of HIV-infected patients to local health officials and the state Department of Health Services. Currently, California collects and records such information through a code-based system, which health officials say is inaccurate, cumbersome and costly.

Among the needs for SB 945 – which is co-sponsored by Los Angeles County, the AIDS Healthcare Foundation and the Health Officers Association of California – are pending changes in how the federal government will allocate funds for HIV/AIDS care and treatment to state and local governments. Under the Ryan White CARE Act of 2000, the federal government will, beginning in October 2006, allocate these funds based on the number of HIV cases reported. While cases of AIDS have been reported by name since the beginning of the HIV/AIDS epidemic, California has only required local health officials to report HIV cases since July 2002.

"SB 945 would amend the California Health and Safety Code to replace the current code-based HIV reporting system with a name-based HIV reporting system in an effort to improve our knowledge of the disease and bring us into compliance with pending national changes in both reporting and funding," Soto said.

"However, it is important for people to understand that bill will also preserve anonymous HIV testing as an option for Californians who may so choose,” Soto added. “I firmly believe we need to adopt confidential name-based reporting this year, not only to allow California adequate time and resources to implement a system that will be in compliance with CDC standards, but also to help our state avoid potentially devastating losses of federal Ryan White funds of between $50 million and $100 million a year."

According to Dr. Jonathon Fielding, director of public health for the County of Los Angeles, the proposed new system "will provide more accurate, reliable and valid data, at reduced cost," and “significantly improve understanding of the HIV/AIDS epidemic.

“We know that the HIV epidemic continues to change, and it is critical that we have the best possible information about those who may need services as quickly as possible so that we can end this epidemic,” Fielding added. “Better information will help maximize federal revenues critical to the provision of treatment and services for persons with HIV/AIDS in California."

"This bill will do one thing only: it will allow the reporting of HIV infection by health care providers and labs by the name of the individual to local health officials and the state Department of Health Services," added Michael Weinstein, president of AIDS Healthcare Foundation (AHF), which conducts over 15,000 HIV tests annually.

"The proposed HIV reporting system will not allow any identifying information to be passed on to the federal government or immigration authorities, and it will not compromise the confidentiality of any of the individuals tested,” Weinstein added. “Over 136,000 AIDS cases have been reported by name in California over the past 24 years without a single breach of confidentiality. Supporters of SB 945 fully expect the same to be true with HIV cases reported under this system."

Soto's bill would bring the current system into line with national reporting norms by utilizing a name-based system like those currently in place in 38 other states including several of the states with the largest populations of people living with HIV/AIDS: New York, Florida, Texas and New Jersey.

Without a name-based system, and with the shift of federal formulas to be based on all cases collected by name, the share of federal funds allocated to California will be dramatically reduced. The California Department of Finance estimates the potential losses to be from $50 million to $100 million annually.

The federal funds are used to pay for medical care and drugs for low-income Californians with HIV/AIDS. If funding is reduced, it will result in significant reductions in services for people with HIV/AIDS.

SB 945 has been re-referred to the Senate Judiciary Committee.

Among the bill’s numerous supporters are Los Angeles County Board of Supervisors and L.A. County Commission on HIV Health Services, AIDS Project Los Angeles (APLA),  Asian Pacific AIDS Intervention Team, Beyond AIDS [Los Angeles], Inland AIDS Project [San Bernardino], Minority AIDS Project (MAP), St. Mary's Care Program [Long Beach] and Women Alive (consumer organization).