State & Local Policy

The following is a summary of some of the most pressing current state and local issues affecting people living with or at risk of contracting HIV/AIDS.

Policy at the State & Local Level

● Advocacy and Policy Implementation at the State & Local Level

APLA’s Government Affairs staff works in close collaboration with a diverse group of community-based AIDS service organizations, healthcare providers and public agencies throughout the state to develop and implement sound public policies affecting the lives of those living with HIV/AIDS.

While not exhaustive, the following is a brief sampling of our advocacy partners:

(a) California Alliance of HIV/AIDS Advocates. The Alliance is comprised of seven AIDS service organizations throughout California who have an established political presence in Sacramento and who have a history of widespread, diverse and effective advocacy on HIV/AIDS-related legislative and public policy issues in Sacramento. APLA works with its fellow Alliance members to promote its state legislative agenda and to coordinate advocacy on vital budget and administrative issues.

In addition to APLA, the Alliance members are:

● San Francisco AIDS Foundation
● Project Inform
● Los Angeles Gay & Lesbian Center
● Bienestar
● AIDS Healthcare Foundation
● AIDS Services Foundation of Orange County.

(b) Southern California HIV Advocacy Coalition (SCHAC). The Southern California HIV Advocacy Coalition (SCHAC) is a group of agencies and individuals who advocate for people living with HIV/AIDS in Southern California. SCHAC's mission is to expand access to quality health care and treatment for all people living with HIV/AIDS; to advocate for appropriate funding for HIV/AIDS programs within the State of California; and to lobby for legislation and public policies that promote the health, welfare and civil rights of all Californians affected by HIV/AIDS.

In addition to APLA, the members of SCHAC include:

• AIDS Service Center
• AIDS Service Foundation Orange County
• Altamed Health Services
• Asian Pacific AIDS Intervention Team (APAIT)
• Bienestar Human Services, Inc.
• Center for Health Justice
• Drug Policy Alliance
• HIV/AIDS Coalition of Ventura County
• Latino Coalition Against AIDS
• Los Angeles Gay and Lesbian Center
• San Diego Kemet Coalition
• Whittier Rio Hondo AIDS Project

In addition to these community-based AIDS service organizations, SCHAC has two honorary members that are local public agencies:

• City of Los Angeles AIDS Coordinator's Office
• L.A. County Office of AIDS Programs and Policy

Current advocacy issues and legislation:

● 2007 State Legislation

(a) Expanding Use of Rapid HIV Testing Throughout
California [AB 1442 (Feurer)]. Co-Sponsored by APLA, this legislation would repeal California regulations that impose stringent requirements on providers seeking to offer HIV testing. The bill would thus permit use of rapid tests by providers who obtain a federal waiver from the Clinical Laboratory Improvement Amendments (a CLIA waiver) without requiring additional state licensing.

► Text of A.B. 1442

(b) Inmate & Community Public Health and Safety Act [AB 1334
(Swanson)]. Would require the Department of Corrections and Rehabilitation to permit non-profit or health care agencies to distribute condoms in state prisons. Also amends existing laws and regulations to clarify that possession of a condom by inmates cannot be used as evidence of otherwise prohibited sexual behavior.

► Text of A.B. 1334

(c) Expanded HIV Testing in State Prisons [AB 66 (Dymally)].
This bill requires the Department of Corrections and Rehabilitation and the Department of Mental Health to provide HIV testing to all inmates confined to a state prison for a period of at least one year and provides for development of an in-prison HIV care and treatment program for inmates who test positive.

► Text of A.B. 66

(d) Reducing Barriers to HIV Testing Through Modification of
Informed Consent Laws [AB 682 (Berg)]. Would make HIV screening a routine part of healthcare delivery systems by modifying existing state law requiring written consent prior to HIV testing.

► Text of A.B. 682

(e) Increased Funding for Syringe Access Programs [AB 110 (Laird)].
Legislation would allow public entities that receive General Fund money from the State Department of Public Health for HIV prevention and education activities to use that money to purchase sterile syringes for distribution through an authorized clean needle exchange program.

► Text of A.B. 110

(f) Access to Assisted Reproductive Technologies [SB 443 (Migden)]. This bill would authorize the use of sperm from HIV-positive donors for artificial insemination and other reproductive health procedures if the sperm is processed to minimize infectivity and there is compliance with other mutual consent procedures.

► Text of S.B. 443

(g) Good Samaritan Protection to Persons Assisting Overdose Victims [SB 767 (Ridley-Thomas)]. Would provide immunity from criminal and civil liability for persons who administer an opioid antagonist to an individual they reasonably believe is experiencing a drug overdose.

► Text of S.B. 767

● State Budget Items

(a) Therapeutic Monitoring Program (TMP): $4.7 million in additional funding to State Office of AIDS for TMP. As part of his May 14, 2007 Revision to the State Budget, Governor Schwarzenegger proposed a re-direction of $4 million to the critical TMP. The new funding derived from more than $10.9 million in HIV/AIDS program savings from ADAP-related rebates and other savings from Medicare Part D offsets. Advocates had been seeking $4.7 million for TMP and will be urging the Governor and Legislators to shift additional funds to TMP during the Legislative process.

(b) Restoration of Federal CARE Act Funding Cuts to Local Jurisdictions. The revised budget proposes shifting $1.8 million from ADAP program savings to support the transition of HIV/AIDS care and treatment delivery systems in up to six federally designated Eligible Metropolitan Areas (EMAs) or Transitional Grant Areas (TGAs) which experienced net losses of federal CARE Act funding during the Year 17 Program cycle.

(c) Expanding HIV Testing Programs. As the state legislature
continues working on finalizing the budget, advocates will be urging lawmakers to fund several expanded HIV testing programs from the millions of dollars in ADAP savings that the Governor returned to the general fund. Among our program augmentation requests are the following: (i) $2.5 million for State Office of AIDS’ HIV Testing and Counseling Budget for testing and outreach to high-risk populations; (ii) $2.0 million for State Office of AIDS HIV Testing and Counseling Budget for testing at county-operated emergency rooms and clinics. While it is unlikely that these items will be included in the current state budget, APLA and our state partners have already scheduled meetings with legislative leaders to lay the groundwork for including these key priorities in the State’s fiscal 2008 spending plan.

(d) Statewide Public Awareness Media Campaign: Culturally and Linguistically Appropriate HIV Testing Promotion. $10 million budget augmentation for State Office of AIDS for Demonstration Project aimed at communities of color.

(e) IDS Drug Assistance Program (ADAP): Advocate for
expansion of formulary to include medications needed to treat HIV/AIDS-related illnesses and co-morbidities.

The APLA Government Affairs staff also participates in regular meetings and program activities with various state and local government offices, many of which manage HIV/AIDS programs.

Among the many government agencies with which APLA interacts to maximize the effectiveness of these programs are:

(1) California State Office of AIDS
(2) Los Angeles County Commission on HIV
(3) Los Angeles County HIV Prevention Planning Committee
(4) Los Angeles County Office of AIDS Programs & Policy (OAPP)
(5) City of Los Angeles AIDS Coordinator’s Office
(6) Los Angeles County Housing Authority
(7) Los Angeles City Housing Authority
(8) Los Angeles County Board of Supervisors
(9) Los Angeles City Council

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