Brief ⁽¹⁾

SB 64 amends one of the statutes that concern the reporting of AIDS and HIV infection to add the administrator of a medical care facility or such person's designee to those who are required to report to the Secretary of Health and Environment when a report of a laboratory confirmation of HIV infection is received. The amendments add administrators of medical care facilities to those who are relieved of civil liability for making such reports and who are given immunity with respect to participation in any judicial proceeding resulting from reporting.

The bill also amends a statute that currently sunsets the AIDS and HIV reporting statutes as of July 1, 2001. The amendments delete any expiration date for the reporting act and create a new requirement for the submission of an annual report to the Legislature by the Secretary of Health and Environment.

Background

SB 64 was requested by the Department of Health and Environment, whose representative appeared in support of the bill. The Senate Committee amendments were suggested by a representative of the Kansas Hospital Association who pointed out that the term "hospital" as used in the original bill has no defined meaning while the term "medical care facility'' is defined in KSA 2000 Supp 65-425.

Legislation enacted in 2000 changed the state policy on testing for and reporting of HIV infection that had been in place since the advent of AIDS as a major public health issue. Prior to 2000, any reports of diagnosed AIDS were required to include the name of the individual so diagnosed, but the statutes specifically stated, that in the case of a positive diagnosis of HIV infection, the individual's name was not to be included in the report made to the Secretary of Health and Environment. The change requiring the reporting of the name was very controversial and, for this reason, the Legislature included the sunset of the entire reporting act in the 2000 legislation in order to ensure a review of these issues by the 2001 Legislature.

The fiscal note indicates passage of the bill would have no fiscal effect on the Department of Health and Environment.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi