Chicago Tribune (CT) - THURSDAY, May 2, 1996 Edition: NORTH SPORTS FINAL Section: NEWS Page: 14 Word Count: 619
Mary Jacoby, Washington Bureau

Rep. Tom Coburn (R-Okla.), an obstetrician, and Sen. Bill Frist (R-Tenn.), a heart surgeon, said in interviews that they fought to include the controversial provision in a larger AIDS treatment funding bill because of a desire to build public support for testing.

For too long, Frist and Coburn said, gay rights activists have fought against all forms of mandatory testing, fearing it would lead to identification of and discrimination against homosexuals. But the doctor-politicians said they believe the health of newborns is more important than the right of pregnant mothers to privacy.

The testing provision is part of the Ryan White Act, which authorizes $738 million for AIDS treatment and prevention.

The bill had been held up for weeks as the House and Senate wrangled over differences in state funding allocations and the mandatory testing proposal. Those hurdles were cleared this week, with concessions by proponents of mandatory testing, and the House approved a final version Wednesday night 402-4.

The Senate is expected to approve the bill as early as Thursday. President Clinton has said he will sign it.

"Until now, I would say the national gay and AIDS communities have been unanimous against mandatory testing of any form. The rationale was always the same: Mandatory testing does nothing to stop the spread of HIV and does nothing to ensure people who are infected get access to treatment," said Aimee Berenson, legislative director of AIDS Action Council in Washington.

The council fought against immediate mandatory testing of newborns for the HIV virus, which causes AIDS, but supports the go-slow compromise approach announced by House and Senate negotiators.

That compromise, which includes a heavy counseling and educational component, reduces the likelihood of mandatory testing. The testing would be implemented on a state-by-state basis only if the states failed to meet certain standards for reducing newborn AIDS cases.

Over a two-year period, states must demonstrate a 50 percent reduction in the rate of newborn AIDS cases or show that 95 percent of pregnant women who have received prenatal care were tested for HIV. If after two years states failed to meet either of those standards, they would have another 18 months to either reach one of those or enact mandatory testing.

Only by the year 2000 will states face a loss of AIDS funding if they have not reduced HIV infection among newborns. But Coburn, Frist, and AIDS activists agree that voluntary testing is much more likely to be widespread before the year 2000, meaning that mandatory testing is not likely to occur.

"I'm pretty confident that routine care is going to get the testing done," said Frist. The bill's sponsors say there were 6,489 cases of pediatric AIDS in 1993, the last year for which figures are available.

"Under this compromise, the reality is, states are not required to implement mandatory testing. They should be looking at voluntary testing instead," Berenson said.

Medical malpractice lawsuits against physicians who fail to test for HIV are likely to be another factor encouraging more widespread voluntary testing, Coburn and Frist said.

The Ryan White CARE Reauthorization Act authorizes funds for treatment of people with AIDS. It was named after Ryan White, the Indiana boy who died of AIDS in 1990.

Coburn said the final version of the legislation is likely to include a provision to ensure that people cannot lose their health insurance simply for being tested for HIV. AIDS activists have cited that potential loss as an argument against mandatory testing.

960502
CT960503

Always watch for outdated information. This article first appeared in 1996. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1996. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .