The following is excerpted from the Commonwealth of Pennsylvania Legislative Code.
RULES AND REGULATIONS
Title 28–HEALTH AND SAFETY
DEPARTMENT OF HEALTH
[28 PA. CODE CH. 27]
Reporting of AIDS, HIV Test Results, CD4 T-Lymphocyte Counts and Perinatal Exposure of Newborns to HIV
[32 Pa.B. 3597]
The Department of Health (Department), with the approval of the Advisory Health Board (Board), adopts amendments to Chapter 27 (relating to communicable and noncommunicable diseases) to read as set forth in Annex A.
A. Purpose and Background
The Department’s regulations require name reporting of individuals who: (1) have had positive test results established from any test approved by the Food and Drug Administration (FDA) to establish the presence of the Human Immunodeficiency Virus (HIV); (2) have low CD4 T-lymphocyte cell counts as described in this Preamble; or (3) are pregnant women who have had positive HIV test results or are newborns who have been perinatally exposed to HIV. The regulations also clarify that cases of Acquired Immune Deficiency Syndrome (AIDS) are reportable based on the case definition of the Centers for Disease Prevention and Control (CDC). Reports of AIDS include reports of presumptive diagnoses of AIDS based on the presence of an AIDS defining illness (for example, Kaposi’s sarcoma) with laboratory confirmation of HIV.
The rest of the Preamble to these regulations is accessible at the web page of the Pennsylvania Bulletin. This page presents Annex A only, which contains the relevant regulations.
Annex A
TITLE 28. HEALTH AND SAFETY
PART III. PREVENTION OF DISEASES CHAPTER 27.
COMMUNICABLE AND NONCOMMUNICABLE DISEASES
Subchapter A. GENERAL PROVISIONS
§ 27.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
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AIDS (Acquired Immune Deficiency Syndrome)–As defined by the CDC case definition published in the CDC Morbidity and Mortality Weekly Report (MMWR). (The Department will publish in the Pennsylvania Bulletin a reference to a CDC update of the case definition within 30 days of its publication in the MMWR).
Anonymous HIV Testing–HIV testing performed at a State-designated HIV testing site for an individual who chooses not to provide his name in giving consent for the testing.
CDC–Centers for Disease Control and Prevention.
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Confidential HIV testing–HIV testing performed for an individual who, in giving his consent for the testing, provides his name and other personal or demographic identifiers.
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FDA–Food and Drug Administration.
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HIV services–The range of services, including prevention, counseling, testing, treatment, case management, support and referral services, which are provided to persons infected with or affected by HIV or AIDS, and are intended to alleviate physical and psychosocial problems created by these diseases and conditions.
* * * * *
Perinatal exposure of a newborn to HIV–The potential perinatal transmission of HIV to a newborn indicated by a positive HIV test result for the pregnant woman or mother of a newborn.
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State-designated anonymous HIV testing site–An HIV testing site supported by the Department either through direct funding or payment for testing, which provides anonymous and confidential testing and which agrees to adhere to the CDC’s counseling and testing standards and guidelines issued by the Department.
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Subchapter B. REPORTING OF DISEASES
§ 27.21. (Reserved).
§ 27.21a. Reporting of cases by health care practitioners and health care facilities.
(a) Except as set forth in this section or as otherwise set forth in this chapter, a health care practitioner or health care facility is required to report a case of a disease, infection or condition in subsection (b) as specified in § 27.4 (relating to reporting cases), if the health care practitioner or health care facility treats or examines a person who is suffering from, or who the health care practitioner or health care facility suspects, because of symptoms or the appearance of the individual, of having a reportable disease, infection or condition:
(1) A health care practitioner or health care facility is not required to report a case if that health care practitioner or health care facility has reported the case previously.
(2) A health care practitioner or health care facility is not required to report a case of influenza unless the disease is confirmed by laboratory evidence of the causative agent.
(3) A health care practitioner or health care facility is not required to report a case of chlamydia trachomatis infection unless the disease is confirmed by laboratory evidence of the infectious agent.
(4) A health care practitioner or health care facility is not required to report a case of cancer unless the health care practitioner or health care facility provides screening, therapy or diagnostic services to cancer patients.
(5) Only physicians and hospitals are required to report cases of AIDS.
(b) The following diseases, infections and conditions in humans are reportable by health care practitioners and health care facilities within the specified time periods and as otherwise required by this chapter:
(1) The following diseases, infections and conditions are reportable within 24 hours after being identified by symptoms, appearance or diagnosis:
Animal bite.
Anthrax.
Arboviruses.
Botulism.
Cholera.
Diphtheria.
Enterohemorrhagic E. coli.
Food poisoning outbreak.
Haemophilus influenzae invasive disease.
Hantavirus pulmonary syndrome.
Hemorrhagic fever.
Lead poisoning.
Legionellosis.
Measles (rubeola).
Meningococcal invasive disease.
Plague.
Poliomyelitis.
Rabies.
Smallpox.
Typhoid fever.
(2) The following diseases, infections and conditions are reportable within 5 work days after being identified by symptoms, appearance or diagnosis:
AIDS.
Amebiasis.
Brucellosis.
CD4 T-lymphocyte test result with a count of less than 200 cells/µL or a CD4 T-lymphocyte percentage of less than 14% of total lymphocytes (effective October 18, 2002).
Campylobacteriosis.
Cancer.
Chancroid.
Chickenpox (varicella) (effective January 26, 2005).
Chlamydia trachomatis infections.
Congential adrenal hyperplasia (CAH) in children under 5 years of age.
Creutzfeldt-Jakob Disease.
Cryptosporidiosis.
Encephalitis.
Galactosemia in children under 5 years of age.
Giardiasis.
Gonococcal infections.
Granuloma inguinale.
Guillain-Barre syndrome.
HIV (Human Immunodeficiency Virus) (effective October 18, 2002).
Hepatitis, viral, acute and chronic cases.
Histoplasmosis.
Influenza.
Leprosy (Hansen’s disease).
Leptospirosis.
Listeriosis.
Lyme disease.
Lymphogranuloma venereum.
Malaria.
Maple syrup urine disease (MSUD) in children under 5 years of age.
Meningitis (All types not caused by invasive Haemophilus influenza or Neis seria meningitis).
Mumps.
Perinatal exposure of a newborn to HIV (effective October 18, 2002).
Pertussis (whooping cough).
Phenylketonuria (PKU) in children under 5 years of age.
Primary congenital hypothyroidism in children under 5 years of age.
Psittacosis (ornithosis).
Rickettsial diseases.
Rubella (German measles) and congenital rubella syndrome.
Salmonellosis.
Shigellosis.
Sickle cell disease in children under 5 years of age.
CDC HIV prevention information - A comprehensive overview about the various methods to prevent HIV, including PrEP, condoms, U=U, and syringe services programs.
National Institutes of Health – A summary of tips and prevention methods that have become standard practice.
What does the research show? – Scholarly articles about HIV prevention and education provided by Google.
The Body – A good source of prevention HIV information that dates back to the beginning of the AIDS crisis.
State Health Care Centers - State Centers are open Monday through Friday, 8:00 a.m. to 4 p.m.
HIV Prevention and Care Project - A regional resource created in partnership with the PA Department of Health, providing HIV prevention, testing, and care resources in Pennsylvania.
You can also search for care providers (and othe HIV services) using the National Prevention Information Network (NPIN) database.
The CDC HIV information page includes a wide range of topics, including a resource library, HIV statistics, and listings of testing centers nationwide.
Civil Rights - Information from the Office of Civil Rights at HHS explaining the rights of individuals with HIV.
HOPWA - Federal program dedicated to addressing the housing needs of low-income people living with HIV/AIDS and their families.
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Centerwatch Clinical Trials Listing Service is a database divided into two categories: one category is for information for patient resources and the other category is an industry professionals resources directory.
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Grants site provides specific information on the following topics: answers to frequently asked questions on preparing and submitting an application, schedule of submission, review, and award cycles, program guidelines to support research and trainng, RFPs, information for new "Grantees", public health service grants, applications for fellowship awards, and small business funding opportunities.
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Reviews all the basics for participating in a clinical research trial.
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Find an HIV clinical trial in Pennsylvania with this service provided by the National Institutes of Health.
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The Penn ACTU carries out clinical trials studying new treatments against HIV infection, AIDS, and AIDS-related opportunistic infections. The Penn ACTU is a member of the AIDS Clinical Trials Group supported by funds from the National Institute of Allergy and Infection Diseases (NIAID) in Washington, D.C.
The HRC advocates for LGBTQ rights on a global scale, working towards achieving equality and combating discrimination through education and political activism.
GLAAD (Gay & Lesbian Alliance Against Defamation):
GLAAD focuses on media representation and advocacy to shape a more inclusive narrative for the LGBTQ community, challenging stereotypes and fostering understanding.
PFLAG (Parents, Families, and Friends of Lesbians and Gays):
PFLAG provides support, education, and advocacy for LGBTQ individuals and their families, fostering acceptance and understanding within communities.
The Task Force works towards social and economic justice for LGBTQ individuals, advocating for policy changes and promoting inclusivity through grassroots activism.
The It Gets Better Project empowers LGBTQ youth by sharing stories of resilience and success, fostering hope and providing a supportive online community.
Lambda Legal is dedicated to defending the civil rights of LGBTQ individuals and those living with HIV through impact litigation, education, and public policy work.
The Trevor Project focuses on preventing LGBTQ youth suicide by providing crisis intervention and suicide prevention services, as well as promoting mental health awareness.
The NOH8 Campaign promotes equality through visual protest, using iconic photographs featuring individuals with duct tape over their mouths to symbolize opposition to discrimination and silence.
The Department of Human Services, Office of Medical Assistance Programs administers and operates three HIV/AIDS specific programs. Some of these documents are in Adobe PDF format. If you do not have Adobe Acrobat Reader, click on this link to download it.
1) AIDS Waiver Program – a federally approved special program which allows the Commonwealth of Pennsylvania to provide certain home and community-based services not provided under the regular fee-for-service program to persons with symptomatic HIV disease or AIDS.
- AIDS Waiver Program Fact Sheet
- Programa AIDS Waiver Servicios Provistos en casa o en la Comunidad
- Renuncia del SIDA Programa de la hoja
2) Special Pharmaceutical Benefits Program (SPBP) is a program for low and moderate income individuals and families that helps pay for specific drug therapies used for the treatment of persons with HIV/AIDS or a DSM IV diagnosis for schizophrenia. The HIV/AIDS side of the SPBP is usually called AIDS Drug Assistance Program (ADAP) in other states. APPLY HERE.
- El Programa Especial de Beneficios Farmacéuticos (SPBP)
- Special Pharmaceutical Benefits Listing of Drugs Covered (Formulary)
- Special Pharamaceutical Benefits Application Form (PDF)
3) Targeted Case Management Program is a program that provides targeted medical assistance clients with access to comprehensive medical and social services to encourage the cost effective use of medical care and community resources, while ensuring the client’s freedom of choice and promoting the well-being of the individual. Individuals who wish to enroll as Targeted Case Managers must complete a Base Provider Enrollment Application, an Outpatient Provider Agreement, and an HIV Provider Case Management Addendum.
This program was developed to help patients with low incomes receive the medication they need. The information on this page includes a program description, eligibility criteria, benefits information, instructions for completing the enrollment form, and a downloadable version of the application for enrollment.
If you have any questions regarding the SPBP, please call the SPBP staff Monday through Friday (with the exception of state holidays) from 9 AM to 4 PM at 1-800-922-9384 or visit the SPBP web site at the Pennsylvania Department of Human Services. All information supplied is strictly confidential.