Friday, March 25, 2011

A Movement to Reform State Laws

It seems the movement to reform state laws about HIV exposure -- you know, the laws that turn people with HIV into felons if they spit on the wrong people -- continues to pick up steam. Provincetown's Edge newspaper just published an interesting story on the subject. It highlights some of the more egregious prosecutions we've seen in recent years:

Among the most extreme examples of prosecutions ... are a Texas man with HIV who received a 35-year prison sentence for spitting at a police officer and an Iowa man with an undetectable viral load who was sentenced to 25 years after a one-time sexual encounter where he used a condom. Another man with HIV in Michigan was charged under the state’s "bioterrorism" law after he allegedly bit his neighbor.

It also quotes several legal advocates around the nation who are working to reverse this trend:

Alison Yager, a supervising attorney with the HIV Law Project in New York, told EDGE that HIV exposure laws not only "abandon basic human rights, perpetuate stigma and discrimination and undermine public health goals, but in some cases, like those laws that criminalize spitting by an HIV-positive person, they ignore the science of HIV transmission."

It makes for very interesting reading. Check it out here.

Tuesday, March 15, 2011

Poetry for the Council

If you missed ALCC's Advocates of the Year awards ceremony last week, you not only missed a swanky evening honoring unsung heroes in the fight against HIV. You also missed a sterling performance by spoken word artist and former national poetry slam champion Lisa Buscani. She wrote a piece especially for our event. And it goes a little something like this:

Night Doctors

Death in the South is subtle and mundane.
Kudzu, better living through botany gone bad,
Consumes the soup that passes for Louisiana air,
Sinks its insolent roots down deep beyond reach and
Creeps its unrelenting way up into the trees,
choking the life out of weaker things.

It is not the only predator.
Poor people knew that all too well, back in the day.
They told stories of the Night Doctors,
Men with money on their minds
riding in ghostly clothes a top fearful thunder,
Whipping broken hides deeper into submission.
The Night Doctors sought the sick, the unprotected and
Conveniently sped them on their way to death,
Toward the substantial fees the med schools paid for dissection cadavers.
Folks spoke of The Needle Men,
Who came round October through March,
cloaking needles full of poison or some such
looking for the unfortunates ashy with illness
One poke and they were done.
Worst of all, they spoke of The Black Bottle Men
Over to the Charity Hospital, passing out bottles cradling
A brew of cascara and milk of magnesia.
If you were bad, you did not get better.
Instead you would shit yourself blind
And serve mankind under some third year’s knife,
A medical fledgling just dying to know what makes you tick.
People learned to sit with their sick,
Guard against the changes
And place hope in home remedies;
They viewed the hospital as a last-chance stop.
The way the poor told it then
Sick folks were worth more dead than alive.

But that was then
A time when such primitive vulgarity was acceptable.
Today the Night Doctors have stabled the horses,
They’ve hung bridles on their final hooks
And morphed into something more sophisticated
But just as vicious.
Far less filthy and in the trenches.
Far less dirt under the metaphorical finger nails.
Instead,
the Night Doctors have fragmented
into a byzantine maze of rules and regulations,
into a flurry of paperwork required
of someone too nauseous to hold a pen,
into the emergency policy that won’t cover a sight-threatening eye infection
because you still have a good one left.
The Night Doctors are the computer bug that annually
Sends your Medicaid card to a West Side address
Instead of your South Side home.
It will not matter how often you call.
They are the laws of a land
that’s not yours and does not want you;
A land that will resort to intimidation
to keep you from asking for help.
They are Aid office phones that ring and ring and ring and ring and ring
Because goddammit, the staff is tired . . .
Or the staff is simply not.
The Night Doctors are now the terror
that keeps you from getting tested
Or getting the help that’s available.
They are the fear that makes you lie on the job app
which costs you your benefits,
or a proper diagnosis,
or access to support.
They are now the grinding poverty or the chronic underfunding
That wears your will and patience and convinces you somehow
That you had this coming; that this
hat in hand, screaming at deadened ears,
this is all you deserve.
All this, all this,
when all you want to do is lie down.
And that is the Night Doctors’ most insidious victory.
When you think like that, you’re dead.

copyright 2011 Lisa Buscani

Thursday, February 24, 2011

2011 Advocates of the Year Awards

OK, kids, it's time for the season's swankiest event, the 2011 Advocates of the Year Awards. It'll be on Thursday, March 10 at 6:30 pm at the Joffrey Tower, 10 East Randolph Street, smack in the heart of the Loop. And we'll make it easy for you: order tickets right here.

Here are this year's honorees:

Arick Buckles
When Arick came to grips with his HIV diagnosis, he found himself embarking on a path of discovery that would allow him to overcome many personal challenges while becoming a fierce advocate for people with HIV. As a peer counselor, educator and advocate, Arick feels equally at home talking to policy makers about the needs of people with HIV as he does talking to clients about his own life, inspiring them to get the care they need. Arick Buckles personifies the spirit, commitment and hard work that define our Advocates of the Year.

Cathy Krieger
As The Children's Place Association commemorates 20 years of service, we pay tribute to its visionary president and CEO, Cathy Krieger. Under her leadership, The Children's Place Association has grown to provide an integrated array of services benefiting thousands of children, teens and mothers impacted by HIV. Its success in pediatric AIDS care has made The Children's Place Association an internationally renowned program with landmark projects around the world.

Blake Max, PharmD
Dedicated and hardworking hardly begin to describe Blake Max. As the HIV Clinical Pharmacist at the CORE Center, Blake has been an invaluable resource for patients, students and CORE Center providers who turn to him every day for his extraordinary knowledge on HIV medications and treatment. He is an advocate, an educator, a friend to his patients and colleagues and an unsung hero who brings expert, friendly, and compassionate care to people with HIV every day.

Jessica Terlikowski
As Policy Manager at the AIDS Foundation of Chicago, Jessica Terlikowski has led tough fights to promote sexual health, develop harm reduction strategies for drug users and help advocates in other Midwest and Southern states become more effective in their fight. She has fought to increase awareness and access to the female condom, and she played an instrumental role in forming the Illinois Coalition for Harm Reduction Providers to advance more effective health measures for people using drugs.

Kirkland & Ellis LLP
Friend of the Council Award
"Friend of the Council" cannot convey the special relationship between the law firm of Kirkland & Ellis LLP and the AIDS Legal Council. Kirkland & Ellis has been among the Council's earliest and strongest supporters, providing financial backing for our mission and pro bono legal services for our clients. It's commitment to community service has made Kirkland a source of outstanding board leadership at the Council, and we are delighted to show our gratitude with this special acknowledgement.

Special Performance by
Lisa Buscani
Lisa Buscani got her start in Chicago's performance poetry scene and ultimately became a National Poetry Slam Champion as well as a Pushcart Prize nominee for poetry. She has published one book of poetry, Jangle (Tia Chucha Press) and has been featured in numerous anthologies including Alive from the NuYorican Poets Café (Holt), The Complete Idiot's Guide to Slam Poetry (Alpha Penguin) and American Poetry: The Next Generation (Carnegie-Mellon Press). Lisa has produced three critically and publicly acclaimed solo shows ("Carnivale Animale," "At That Time" and "Solid Citizen") and has appeared on HBO, CNN, PBS, and NPR. She currently teaches at DePaul University.

Thursday, February 10, 2011

Obama Who?

Perhaps you recall last July the White House issued the first ever National HIV/AIDS Strategy for the United States. In it, the President called for the elimination of HIV criminal transmission laws, saying in part that such laws "may not have the desired effect and they may make people less willing to disclose their status by making people feel at even greater risk of discrimination" (you can read our post about the report here). Well, it seems the report hasn't had the effect President Obama might have wished.

In the past two months legislatures in three states -- Nebraska, Utah and Montana -- have been entertaining the idea of criminalizing the transmission of HIV.

Hooray for regressive social policy!

You can read an article about this disturbing trend here

Tuesday, February 8, 2011

ADAP to the Rescue!

If you have private health insurance or Medicare, there are important changes in the Illinois AIDS Drug Assistance Program (ADAP) that may help you with some of your drug costs. Additionally, ADAP may make it possible for some people to afford comprehensive health insurance coverage under the new Illinois Pre-Existing Condition Insurance Plan (IPXP).

First and foremost: The income eligibility limit for Illinois ADAP is 500% of federal poverty. That means for 2011, your annual income must be less $54, 450 in order for you to enroll in any of ADAP's programs.

So let's dig in and explain.

For folks with private insurance:
ADAP used to pay drug copays for people with private health insurance, but only if the copays were more than 20% of the drug costs or if a drug's individual copay was more than $100. But now ADAP will enroll you no matter what your deductibles and copays are. Keep in mind that like always, your insurance plan must be able to coordinate with ADAP's pharmacy, CVS/Caremark. Additionally, ADAP can't fill a prescription for more than a one-month supply of drugs. So if your insurance plan requires you to use prescriptions for three-months supplies (for example), ADAP can't help you.

For folks on Medicare Part D:
Most people on Medicare with annual income under $26,917 can already get help with their drug costs either through Extra Help or Illinois Cares Rx. Usually that leaves people with very low drug copays -- about $6 per prescription. Now ADAP can pay these small copays for you.

Most people on Medicare but with annual incomes over $26,917 can't get Extra Help or Illinois Cares Rx, so they often have had to rely entirely on ADAP to provide them with their HIV medications. Beginning this year, the money that ADAP spends on your medications counts toward your Part D out-of-pocket costs. This means that ADAP money will help fill your Part D "donut hole" (the phase of the Part D program where you pay 100% of your drug costs) to get you to the phase of the Part D program where you pay only 5% of your drug costs.

As with all ADAP programs, your Part D plan must be able to coordinate with ADAP's pharmacy, CVS/Caremark, in order for you to enroll in these programs.

For folks who want to enroll in the Illinois Pre-Existing Condition Insurance Plan: The Illinois Pre-Existing Condition Insurance Plan (IPXP) is the newly-created program that can provide health insurance to people who have been uninsured for at least six months and whose pre-existing health conditions prevent them from getting individual insurance coverage. ADAP can pay up to $500 toward your monthly IPXP premiums and help with your copays and deductible for HIV medications.

Talk about a landslide of good news.

If you want to talk more about any of these programs, give us a ring at 312-427-8990.

You can get ADAP's info here.

You can get IPXP's info here.