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					           aBa aiDs
coorDinatinG committee
 HIV/AIDS Law and Practice Conference
        Taking Stock, Looking Ahead

          Walt Disney World Dolphin Hotel
                   Orlando, Florida
                  February 3-4, 2010
               Disclosure of
           commercial relationships

The members of the planning committee, the moderators,
and the speakers declare no relevant relationships with
commercial entities.


  ACKNOWLEDGMENT OF COMMERCIAL SUPPORT
 This educational activity was made possible by financial contributions
 from the following:

 COMMERCIAL CONTRIBUTORS
     Chevron Corporation
     Flowers Heritage Foundation
     Gilead Sciences, Inc.
     Inverness Medical
     OraSure Technologies, Inc.

 NON-COMMERCIAL CONTRIBUTORS
     United States Department of Health and Human Services
     Florida Department of Health, Bureau of HIV/AIDS and Hepatitis
     ABA Center for Human Rights
     ABA Health Law Section
     ABA Judicial Division
     ABA Section of Individual Rights and Responsibilities
ABA Continuing MediCAl eduCAtion (CMe)
AppliCAtion – eduCAtionAl needs AssessMent


T   his needs assessment is based on a review of applicable
    legal pleadings and opinions and a request made by
a physician to the ABA AIDS Coordinating Committee
for analysis of specific practice situations. Some of the
questions arising in HIV-specific practice settings include:

   1.   When, and under what circumstances, is a physician obligated
        to report to a third party the HIV status of an individual not
        under the physician’s care?
   2.   What are the legal and ethical obligations of a physician who
        has knowledge that an HIV+ patient is non-complaint with
        his/her medications while engaging in unprotected sex with
        other parties?
   3.   What steps, if any, is a physician required to take upon learning
        that a patient’s partner refuses partner services?
   4.   What, if any, obligation does a private provider have to provide
        care and treatment to HIV+ patients?
   5.   What privacy/confidentiality concerns must physicians be aware
        of in using electronic medical records and/or data bases?
Research indicates that there are few cases directly on point with many
of the cases in which these, and other, questions arise. The paucity of
legal precedent on these issues suggests a need to assist physicians
in developing the analytical skills necessary to evaluate their legal and
ethical obligations in HIV-specific cases.




                                                                            page 
Contents

    Welcome                                  3

    Continuing Education Credit              4

    Benefits Institute                       5

    Conference Program                       6
         February 3, 00                    6
         February 4, 00                    7

    Plenary Speakers                         9

    AIDS Coordinating Committee Members     0

    Healthcare Advisory Committee Members   0

    Conference Sponsors                     




page 
WelCoMe!

February 2010



W     elcome to this, our fifth, HIV law and practice conference, HIV/
      AIDS Law and Practice: Taking Stock, Looking Ahead. Over the
next two days we will focus on providing tools for lawyers committed
to serving those infected with and affected by HIV, as we have in the
past. Experts in the field will update us on new trends evidenced in
the case law, new initiatives afoot in Congress, and new directions of a
new administration in Washington.

This year, however, our focus has a twist: we have asked the
medical provider community to join us in a series of interactive
sessions designed to make us better practitioners across our various
disciplines. Working with the National Medical Association, we have
developed a program eligible for Continuing Medical Education
Credit (CME), as well as Continuing Legal Education Credit (CLE).
The State of Florida, Department of Health, Bureau of HIV/AIDS and
Hepatitis, has partnered with us thereby enabling us to reach public
health departments around the state as we sought input into the
program development.

Thank you for joining the ABA AIDS Coordinating Committee, our
Healthcare Advisory Committee, our 2010 planning committee, and
our strategic partners in this new endeavor. We hope you will be
pleased with the outcome.




   Shelley D. Hayes
   Chair




                                                                           page 3
Continuing eduCAtion Credit

Continuing Medical Education (CME) Credit
    CME Program Co-Chairs
    Shelley D. Hayes, J.D.
    Gladys Branic, M.D., M.P.H.

    •    This activity has been planned and implemented in accordance with the
         Essential Areas and policies of the Accreditation Council for Continuing
         Medical Education through the joint sponsorship of the National Medical
         Association and the American Bar Association AIDS Coordinating
         Committee. The National Medical Association is accredited by the
         ACCME to provide continuing medical education for physicians.
    •    The National Medical Association designates this educational activity
         for a maximum of 18 AMA PRA Category 1 Credits™. Physicians should
         only claim credit commensurate with the extent of their participation in
         the activity.
    •    The National Medical Association has been reviewed and approved as an
         Authorized Provider by the International Association for Continuing Medical
         Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean,
         VA 22102-5120. The National Medical Association has awarded 1.8 of CEUs
         to participants who successfully complete this program.

Continuing Legal Education (CLE) Credit
Required special documentation has been forwarded to and credit requested
from MCLE states with general requirements for all lawyers. Lawyers seeking
credit in Pennsylvania must pay fees of $1.50 per credit hour directly to the PA
CLE Board. The ABA covers applicable fees in other states where the sponsor is
required to do so and in states where a late fee may become applicable. Please be
aware that each state has its own rules and regulations, including its own definition
of “CLE”; therefore, certain programs may not receive credit in some states. For
information on approved credit hours for your state, contact the ABA Service
Center (tel.: 1-800-285-2221).




page 4
Benefits institute

February 3, 00
The Benefits Institute features information, tips, and strategies for healthcare professionals
and the medical community.

9:30 a m - 0:00 a m
Continental Breakfast

0:00 a m - :00 p m
Access to Care: Equality for All?
Issues in insurance coverage and access to care affecting HIV outcomes
Evelyn Tomaszewski, M S W (moderator), National Association of Social Workers, Washington, DC
Michelle Batchelor, National Association of State and Territorial AIDS Directors, Washington, DC
Debra Wolf, LegalHealth, New York, NY
Gregory Edwards, Ed D , Flowers Heritage Foundation, Oakland, CA

:5 p m - :00 p m
Luncheon

:5 p m - 3:45 p m
Filing the Successful Social Security Claim
Daniel Fortuño, Benefits Education Center, San Francisco, CA

4:00 p m - 5:30 p m
Social Security Mock Hearing
Hon Jodi B Levine, U.S. Administrative Law Judge, Social Security Administration,
Oklahoma City, OK
Hon Tela L Gatewood, U.S. Administrative Law Judge, Social Security Administration,
Oklahoma City, OK
Hon Janet Mahon, U.S. Administrative Law Judge, Social Security Administration, Orlando, FL
Hon Thomas Snook, U.S. Administrative Law Judge, Social Security Administration, Miami, FL
Rudolph N Patterson, Westmoreland, Patterson, Moselet & Hinson, LLP, Macon, GA

6:00 p m - 9:00 p m
Dinner




                                                                                                 page 5
ConferenCe Program
February 3, 2010
12:00p - 12:15p                                 3:45p - 4:00p
  Introduction                                   Coffee Break
  Anthony S. Fauci, M.D.
  Director                                      4:00p - 5:30p
  National Institute of Allergy and              Plenary: Physicians’ Roles
  Infectious Diseases
                                                 in a Changing Epidemic
  National Institutes of Health
                                                 Engaging lawyers and healthcare providers
                                                 in a discussion of case studies presented
  Greetings                                      by physicians
  Thomas M. Liberti                              Wendy Parmet (moderator), Northeastern
  Chief                                          University School of Law, Boston, MA
  Bureau of HIV/AIDS and Hepatitis               Virginia Caine, M.D., M.P.H., Marion
  Florida Department of Health                   County Health Department, Indianapolis, IN
                                                 Anthony Japour, M.D., Anthony Japour
12:15p - 2:00p                                   and Associates Medical and Scientific
                                                 Consulting, Inc., Miami, FL
  Luncheon
                                                 Charles G. Byrd, Jr., Alston & Byrd,
  Keynote Speaker
                                                 Baltimore, MD
  Christopher Bates                              Bebe Anderson, Lambda Legal, New York, NY
  Director
  Office of HIV/AIDS Policy                     5:30p - :30p
  United States Department of Health and
  Human Services
                                                 Break

2:15p - 3:45p                                   :30p - 9:00p
  Plenary: What’s New? Recent                    Dinner
  Litigation and Legislation                     Keynote Speaker
  Update on HIV-related cases, laws,             Georges Benjamin, M.D.,
  and legislation                                F.A.C.P., F.A.C.E.P. (Emeritus)
  Dawn Siler-Nixon (moderator),                  Executive Director
  Ford & Harrison, Tampa, FL                     American Public Health Association
  Bill McColl, AIDS Action, Washington, DC
  Gregory Nevins, Lambda Legal, Atlanta, GA
  Mitchell Katine, Katine & Nechman,
  Houston, TX
  Cynthia Knox, HIV Law Project, New York, NY


                                                 Track A          Track B          Plenary Program

page 
ConferenCe Program
February 4, 2010
:30a - 8:00a                                       10:45a - 11:00a
 Breakfast                                            Coffee Break

8:00a - 9:00a                                       11:00a - 12:30p
 Breakfast Plenary                                    Grant Funding:
 Keynote Speaker                                      How to Get It and
 Janet Cleveland                                      How to Keep It
 Deputy Director                                      Pitfalls and best practices in applying for
 Division of HIV/AIDS Prevention                      and maintaining grant funding
 Centers for Disease Control and Prevention           Felix Lopez (moderator),
                                                      Gay Men’s Health Crisis, New York, NY
9:15a - 10:45a                                        Gregory Edwards, Ed.D., Flowers Heritage
                                                      Foundation, Oakland, CA
 Ryan White CARE Act:
                                                      Victor Barnes, National AIDS Fund,
 2009-2013                                            Washington, DC
 Update on changes and impact following               Elizabeth Saindon,
 the 2009 reauthorization
                                                      Office of the General Counsel,
 Ann Fisher (moderator), AIDS Legal Council           U.S. Department of Health and Human
 of Chicago, Chicago, IL                              Services, Washington, DC
 Hilda Douglas, Health Resources and Services
 Administration, Washington, DC                       Management of Medical
 Cynthia Knox, HIV Law Project, New York, NY          Data: Privacy Concerns
                                                      Confidentiality and privacy issues in
 The HIV-Positive Patient: Is                         converting to electronic medical records
 There an Obligation to Treat?                        Hon. Gary Randall (moderator),
 Recent cases involving provider discrimination       Douglas County District Court, Omaha, NE
 against HIV-positive persons                         Tiffany West Ojo, HIV/AIDS Administration,
 Iris McCollum Green, Green & Foushee,                District of Columbia Dept. of Health,
 Washington, DC                                       Washington, DC
 Catherine Hanssens, Center for HIV Law &             Denise McWilliams, AIDS Action Committee
 Policy, New York, NY                                 of Massachusetts, Boston, MA
 Georgina Verdugo, Office for Civil Rights,           Virginia Caine, M.D., Marion County
 U.S. Department of Health and Human                  Health Department, Indianapolis, IN
 Services, Washington, DC                             Verne Rinker, Office for Civil Rights,
                                                      U.S. Department of Health and
                                                      Human Services



                                                  Track A          Track B           Plenary Program

                                                                                                    page 
ConferenCe Program
February 4, 2010 (continued)                       4:00p - :00p
                                                    Plenary: HIV and the
12:30p - 2:00p                                      Rule of Law: The Role of
  Luncheon                                          Drug Courts and Other
  Keynote Speaker                                   Alternative Approaches
  Barry Zuckerman, M.D.                             HIV in incarcerated settings and alternatives to
  Founding Director                                 incarceration as a response
  National Center for Medical-Legal Partnership     Hon. Jodi Levine (moderator), Social Security
                                                    Administration, Oklahoma City, OK
2:00p - 2:15p                                       Rep. Brenda Gilmore, Tennessee General
                                                    Assembly, Nashville, TN
  Break
                                                    Natasha Williams, Bailey & Glasser,
                                                    Washington, DC
2:15p - 3:45p
                                                    Patricia Blair, Ph.D., L.L.M., J.D., M.S.N.,
  Intersecting Epidemics:                           University of Texas College of Nursing and
  HIV, Violence Against Women,                      Health Sciences, Tyler, TX
                                                    Warren Hewitt, Substance Abuse and Mental
  and Human Trafficking
                                                    Health Services Administration, Rockville, MD
  Issues and responses related to these mutually
                                                    Devon Brown, Department of Corrections,
  reinforcing problems
                                                    Washington, DC
  Amanda Kloer (moderator), American Bar
                                                    Hon. Karen Freeman-Wilson, Law Offices of
  Association, Washington, DC
                                                    Karen Freeman-Wilson, Gary, IN
  Margaret Drew, University of Cincinnati
  College of Law, Cincinnati, OH                   :30p - 9:00p
  Joyce Brown, Cultural Arts Natural Design
  (CANDI), Tallahassee, FL                          Dinner
  Melissa Snow, Shared Hope International,          Keynote Speaker
  Washington, DC                                    Frances Ashe-Goins, R.N.M., M.P.H
                                                    Acting Director
  Cities at the Forefront:                          Office on Women’s Health
  Municipal Responses to HIV                        United States Department of Health
  Lessons learned from local collaborations to      and Human Services
  scale-up routine HIV testing
  Richard A. Wilson (moderator),
  Grund & Leavitt, Chicago, IL
  Marsha Martin, D.S.W., Get Screened
  Oakland, Oakland, CA
  Evelyn Ullah, B.S.N., M.S.W., Miami-Dade
  County Dept. of Health, Miami, FL
  Donna Futterman, M.D., Montefiore Medical
  Center, New York, NY
                                                    Track A           Track B           Plenary Program

page 8
plenAry speAkers

       Anthony S Fauci, M D        Janet Cleveland
       Director                    Deputy Director
       National Institute of       Division of HIV/AIDS
       Allergy and Infectious      Prevention
       Diseases                    Centers for Disease
       National Institutes         Control and Prevention
       of Health

       Thomas M Liberti            Barry Zuckerman, M D
       Chief                       Founding Director
       Bureau of HIV/AIDS          National Center for
       and Hepatitis               Medical-Legal Partnership
       Florida Department
       of Health



       Christopher Bates           Frances Ashe-Goins,
       Director                    R N , M PH
       Office of HIV/AIDS Policy   Acting Director
       United States               Office on Women’s Health
       Department of Health        United States
       and Human Services          Department of Health
                                   and Human Services

       Georges Benjamin, M D ,
       F A C P, F A C E P
       (Emeritus)
       Executive Director
       American Public Health
       Association




                                                            page 9
2009-2010 ABA Aids
CoordinAting CoMMittee MeMBers
The American Bar Association established the Committee in 1987 to identify, analyze, and address
legal issues surrounding HIV/AIDS. To ensure a well-rounded, multi-disciplinary approach to the
issues, the Committee was and remains comprised of a chair appointed by the ABA president and
‘liaisons’ from more than twenty ABA entities and affiliated organizations. In 1988, the Committee
released AIDS: The Legal Issues, a comprehensive report and catalogue of policy recommendations,
which the ABA House of Delegates, the Association’s official policymaking body, adopted the
following year. Since then, the Committee has recommended numerous additional policies;
generated multiple publications and reports on specific issues; produced instructional videos for
establishing HIV-related non-profits and representing HIV-positive clients; and sponsored hearings,
meetings, educational programs, and national conferences on HIV/AIDS law and policy concerns.
In 2006, the Committee invited healthcare professionals to join an advisory committee to inform
the Committee’s work in addressing this public health epidemic. More information about the
Committee’s wide-ranging activities is available at http://www.abanet.org/AIDS/.

Shelley D Hayes                 Hon Karen                    David P Pusateri                 Dawn Siler-Nixon
Chair                           Freeman-Wilson               Liaison from Section of          Liaison from National
                                Liaison from Standing        Environment,                     Conference of Women’s
Richard A Wilson
                                Committee on                 Energy and Resources             Bar Associations
Vice Chair
                                Substance Abuse
                                                             Hon Gary Randall                 Gloria J Sturman
Hon Richard T Andrias
                                Gary Greener                 Liaison from Judicial Division   Liaison from National
Liaison from Criminal
                                Liaison from National LGBT                                    Conference of Bar Presidents
Justice Section                                              Robert Rappel
                                Bar Association
                                                             Liaison from Business            Iris McCollum Green
Joshua Bachrach
                                Helaine J Knickerbocker      Law Section                      Special Counsel for
Liaison from Tort Trial and
                                Liaison from Family                                           Civil Rights
Insurance Practice Section                                   Adele Rapport
                                Law Section
                                                             Liaison from Commission          William McColl
MaryBeth Buchanan
                                Eva J Klain                  on Mental and Physical           Special Counsel for
Liaison from Commission on
                                Liaison from Center on       Disability Law                   Legislation
Domestic Violence
                                Children and the Law
                                                             Jerome L Reide                   Wendy E Parmet
Charles Byrd, Jr
                                Hon Jodi B Levine            Liaison from Section of          Special Counsel for
Liaison from Washington Bar
                                Liaison from Section of      Individual Rights and            Disability Law
Association
                                Administrative Law and       Responsibilities
                                                                                              Kristy N Waterman
Ann Hilton Fisher               Regulatory Practice
                                                                                              Liaison from Young
Liaison from Commission on
                                Wm Lane Porter                                                Lawyers Division
Homelessness and Poverty
                                Liaison from Section of
                                International Law


2009-2010 HeAltHCAre
Advisory CoMMittee MeMBers
Virginia A Caine, M D                                        Anthony Japour, M D
Marion County Health Department                              Anthony Japour and Associates Medical and
                                                             Scientific Consulting, Inc.
Marjorie J Hill, Ph D
Chief Executive Officer, Gay Men’s Health Crisis             Joseph O’Neill, M D , M S , M P H
                                                             Former Director, White House Office of
David R Holtgrave, Ph D
                                                             National AIDS Policy
Johns Hopkins University, Bloomberg School of
Public Health                                                Wayne J Riley, M D , M P H , M B A , F A C P
                                                             President and Chief Executive Officer,
                                                             Meharry Medical College



page 0
               ConferenCe sponsors

The American Bar Association wishes to acknowledge the following
organizations. This conference would not be possible without their
financial support.

                      Presenting Sponsor




                                                                 page 
          ConferenCe sponsors

              Platinum Sponsor




               Gold Sponsor




               Silver Sponsors




              Bronze Sponsors




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