http://www.infectioncontroltoday.com/hotnews/71h299544622028.html
UCLA Study Finds High Rates of HIV Discrimination in Healthcare
Posted on: 01/29/2007



LOS ANGELES --  The Williams Institute on Sexual Orientation Law and
Public Policy released a study today showing surprisingly high rates
of HIV discrimination by healthcare providers in Los Angeles County.
The study reports findings from three "testing" studies of skilled
nursing facilities, obstetricians, and cosmetic surgeons conducted
between 2003 and 2005.

Overall, 56 percent of skilled nursing facilities, 47 percent of
obstetricians, and 26 percent of plastic and cosmetic surgeons in Los
Angeles County would not accept HIV-positive patients for services
commonly offered to HIV-negative patients. For example, when asked if
he accepted HIV-positive patients, one healthcare worker responded,
"We try not to. I'm just trying to be honest."

"The large number of healthcare providers who would readily admit that
they would not treat HIV-positive patients is surprising," said Brad
Sears, executive director of the Williams Institute and author of the
study. "Their responses indicate a broad lack of knowledge about the
laws prohibiting such discrimination."

"While the United States has made great advances during the past
decade in treating HIV-disease, this study shows that we lag behind in
eradicating HIV-discrimination," said Lee Badgett, Williams Institute
research director.

The new report is consistent with studies from the mid-1990s showing
high levels of HIV-discrimination by dentists and other healthcare
providers.  Since the late 1990s, very few studies have been done to
measure HIV-discrimination in healthcare.

The studies were conducted by trained "testers," third-year UCLA law
students posing as either HIV-positive patients or as employees of
organizations working with such patients.  Using a script, the testers
called the offices of local healthcare providers and asked if they
would accept HIV-positive patients. The testers then recorded and
coded the responses.

The three types of healthcare providers included in the study were
chosen based on current medical needs of persons living with HIV/AIDS,
including nursing care as the HIV-population ages, cosmetic surgery to
address the impact of facial wasting, and prenatal care for women
living with HIV/AIDS.  The study focused on determining the percentage
of providers in each area who had a blanket policy of refusing
services to people with HIV/AIDS.

The study also provides insight into why healthcare providers refuse
to see HIV-positive patients.  Some providers justified their policies
by their lack of expertise or medical equipment, the fact that they
had never treated an HIV-positive patient before, or that their staff
were inadequately trained or would "revolt" if asked to treat
HIV-positive patients.

Many providers follow a blanket policy of referring all HIV-positive
patients to other providers, most frequently by just telling them they
need a "specialist" or to "go to a hospital." State and federal law
require that such referrals be made on a case-by-case basis after
providers have gathered specific information about the health and
health care needs of the prospective patient.

"Many providers are refusing to treat HIV-positive patients and are
referring them elsewhere in violation of the ethical rules of their
own professional associations," says Sears. "In a couple of cases,
the testers followed up on the initial referrals, only to be referred
on again and again in a frustrating trail that ended with an absolute
refusal of care."

"The study indicates that strengthening current laws prohibiting HIV
discrimination may not be enough," says Badgett. "We have laws on the
books already.  The problem may be inadequate training of heathcare
professionals about HIV-disease and their legal obligations, as well
as a lack of enforcement."

The Williams Institute on Sexual Orientation Law and Public Policy
advances law and public policy through rigorous, independent research
and scholarship, and disseminates its work through a variety of
education programs and media to judges, legislators, lawyers, other
policy makers and the public.

Source: Williams Institute on Sexual Orientation Law and Public Policy