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.
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.
* * * * *
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.
* * * * *
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.
* * * * *
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:
Enterohemorrhagic E. coli.
Food poisoning outbreak.
Haemophilus influenzae invasive disease.
Hantavirus pulmonary syndrome.
Meningococcal invasive disease.
(2) The following diseases, infections and conditions are reportable within 5 work days after being identified by symptoms, appearance or diagnosis:
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).
Chickenpox (varicella) (effective January 26, 2005).
Chlamydia trachomatis infections.
Congential adrenal hyperplasia (CAH) in children under 5 years of age.
Galactosemia in children under 5 years of age.
HIV (Human Immunodeficiency Virus) (effective October 18, 2002).
Hepatitis, viral, acute and chronic cases.
Leprosy (Hansen’s disease).
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).
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.
Rubella (German measles) and congenital rubella syndrome.
Sickle cell disease in children under 5 years of age.
The California STD/HIV Prevention Training Center is an integral part of a national network of training centers that offer dynamic continuing education courses. Clinical, behavioral interventions, partner services and program support courses are designed to enhance the STD/HIV knowledge and skills of medical, health, and community professionals.
The CDC offers a listing of all magazines, periodicals, and books pertaining your specific topic. This site also offers an interactive tour which requiresthe use of Microsoft Power Point Animation Player.
CDC is the U.S. government resource to start with for HIV prevention.
Answers questions on HIV and STD Testing, including where and how throughout the U.S.
Site for Philadelphia's HIV Planning Group (HPG).
AIDS.org discusses treatment news; continuing medical education (for credit); treatment conferences and abstracts; links to other libraries; community forums; DAAIR (Direct AIDS Alternative Information Resources); GARD (Global AIDS Resource Directory) and the AIDS Treatment Data Network.
For Southwestern Pennsylvania, Allies provides integrated medical care, supportive human services, and community-based education for individuals living with, or at risk of HIV, viral hepatitis, and sexually transmitted infections.
The U.S. government resource for HIV/AIDS care and access to treatment information.
IAPAC is a professional organization. HIV Care Providers are the primary target audience for this site; although some general information about HIV/AIDS may be found.
HIVdent disseminates state-of-the-art treatment information and shares expertise in advocacy, development, training, integration, and evaluation of oral health services for the HIV-infected population.
The Pennsylvania/Mid Atlantic AIDS Education and Training Center (PA/MA AETC) provides HIV/AIDS education, consultation, technical assistance and resource materials to health care professionals throughout Pennsylvania, Ohio, Maryland, Virginia, West Virginia, Delaware and the District of Columbia.
A comprehensive health services organization providing primary care, consumer education, research, and advocacy for people living with HIV/AIDS and those at high risk.
The ACLU uses litigation, lobbying, public education, and organizing at the state and federal levels to fight discrimination against people living with HIV.
AIDSinfo is a U.S. Department of Health and Human Services (DHHS) project providing information on HIV/AIDS clinical trials and treatment. It is the result of merging two previous DHHS projects: The AIDS Clinical Trials Information Service (ACTIS) and the HIV/AIDS Treatment Information Service (ATIS).
The AIDS Quilt is a reminder to us all of the ones we've loved and lost to AIDS.
AAC is a regional service listing regional as well as national information, related HIV/AIDS links, HIV/AIDS statistics, state by state hotline phone numbers, and testing information.
AmFAR provides a description of how grants are awarded, what research they are doing, and public policy statements.
Cell Online is a publication to which you must subscribe. The site deals with issues surrounding the molecular structure of cells, immunity, and neuron transmission.
The InfoNet was originally designed to make information on HIV/AIDS services and treatments easily accessible in both English and Spanish for residents of New Mexico. Its mission has expanded to that of providing HIV/AIDS treatment information in non-technical language in various languages. The primary audience for InfoNet materials includes people living with HIV and their caregivers, especially nurses and other first-line treatment providers.
Resource for Medical Professionals seeking equality in healthcare for lesbian, gay, bisexual, and transgender individuals.
A gay health blog for any LGBT people who are interested in access to empowering, up to date, uplifting and informative health and wellness information in a safe, anonymous forum, from health care providers, writers and other professionals who care about promoting LGBT health.
Updated weekly, this site provides treatment and prevention information useful to both clinicians and people living with HIV and/or viral hepatitis.
HIV InSite is a university-based, global Internet resource on HIV/AIDS that incorporates comprehensive, multidisciplinary information on basic science, treatment, prevention, and policy, and is one of the world’s most visited HIV/AIDS Web sites.
AIDSource offers access to a comprehensive collection of HIV/AIDS-related resources reviewed and selected by expert information specialists and librarians. AIDSource was developed by the National Library of Medicine (NLM) to ensure that those seeking information about HIV/AIDS have a source of quality reviewed current content.
POZ is an award-winning print and online brand for people living with and affected by HIV/AIDS. Offering unparalleled editorial excellence since 1994, POZ and poz.com are identified by our readers as their most trusted sources of information about the disease.
The Body serves People Living with HIV/AIDS with easy to understand information about the latest in treatment and research.
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.
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.
Reviews all the basics for participating in a clinical research trial.
Find an HIV clinical trial in Pennsylvania with this service provided by the National Institutes of Health.
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.
“When I became governor, we saw that change was needed and we made it happen. Better yet, we are still making it happen and will do so until every Pennsylvanian can live, work, love, and thrive in our state with an assuredness of support and safety.” - Tom Wolf, Pennsylvania Governor
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.