SB 5728 adopts the Center for Disease Control and Prevention opt-out model for HIV screening for people ages 13 to 64, and for all pregnant women.
The bill states that HIV testing must be performed routinely as part of other diagnostic and screening tests for all patients ages 13-64, including pregnant women. However, HIV screening is voluntary and can only be performed after the patient, or patient’s representative, has been informed that HIV testing is planned, at which time the patient may decline. Health care providers cannot use the fact that the patient declined the HIV test as a reason for denying other services and treatments.
Health Committee Amendment: As amended the bill requires that screening for HIV infection must be offered by clinicians consistent with the United States Preventative Services Task Force recommendations for all patients 13 through 64 years of age and for all pregnant women. The patient must be informed that the test will be undertaken and that the patient may decline the test. If the patient declines the test, a health care provider may not use the fact that the patient declined as a basis for denying services or treatment to the patient.
Ways and Means Amendment: As amended in Committee, the bill provides that screening for HIV infection must be offered by clinicians, consistent with the United States Preventative Services Task Force recommendations for all patients aged 13–64 years of age, rather than requiring that the test be administered routinely.