Currents

A Newsletter for Friends of AIDSLaw of Louisiana May 2000 (Vol. 3, No. 2)

Pro Bono Publico Awards
Volunteers By Stacey Evans
From the Front Office By Linton Carney
Statistics about HIV and AIDS
Questions and Answers on Health Insurance (Part Two) by Geoff Murphy, Murphy & McKnight
On the Job By Deidre Peterson
Thanks

	Pro Bono Publico Like all non-profits, AIDSLaw depends on the help of people who are interested in its mission to the HIV and AIDS community. AIDSLaw started over 10 years ago as a volunteer organization, and it is a simple fact that even today the job could not be done without those who have donated their time and skills over the years and continue to do so today. To recognize these efforts, in 1995 the board of directors instituted the Pro Bono Publico Awards as its highest honor for service to AIDSLaw and the affected community. The awards honor those individuals who have given their time and talents to advance and protect the legal needs of people living with HIV and AIDS. In addition, in 1997 AIDSLaw instituted the Teri Estrada Memorial Award as a community service award to persons working on the front lines in the battle against the disease. Teri was a staff attorney for AIDSLaw who died from AIDS in 1994. Her work and devotion to her clients are an inspiration to everyone who works with the affected community. This year ALL will host an awards ceremony on June 14, 2000 at the Princess of Monaco Carriage House and Courtyard, 912 Royal Street in New Orleans. The honorees for thE Pro Bono Publico Awards are: Tim Fields, an attorney practicing in New Orleans; Stacy L. Guice, an attorney from Monroe; Jim Lestelle, senior vice-president and director of corporate communications for Hibernia National Bank; and J. Michael Rhymes, an attorney practicing in Monroe. The Teri Estrada Award will be presented to Dr. Louise McFarland, state epidemiologist with the Louisiana State Office of Public Health and a longtime AIDS activist. The evening will be rounded out with entertainment and a silent auction with a multitude of terrific items donated by ALL's many friends and supporters. Please plan to attend and help AIDSLaw say thank you to these five remarkable people. Return to the Table of Contents
	Volunteers By Stacey Evans This year, April 9 through 15 is National Volunteer Week. Every year millions of civic-minded Americans donate their time and energy t countless worthy endeavors. Whenever you think that the greedy and selfish have taken over the world, it's a true comfort to reflect on the extraordinary efforts of the volunteers of America. AIDSLaw began as a volunteer organization, so the board and staff have always tried to publicize the enormous help that the organization and its clients have received from approximately 100 volunteer attorneys across Louisiana. These remarkable people have helped AIDSLaw serve over10,000 clients in the last decade, and we can never thank them enough for their commitment to social justice. But AIDSLaw has also been lucky to have any good friends who have helped out in other ways. For the last several years, AIDSLaw has put on a program of continuing legal education to educate fellow lawyers about HIV and AIDS issues, as well as to raise funds for client services. Putting on the program entailed an enormous amount of work, from locating a spot and coming up with interesting topics, to finding speakers and a mutually convenient time for them. Last year, Pam Ebel, a former dean of the Loyola Law School, came to the rescue. Through her company, Prime Time CLE, Pam took control and did the dirty work for an excellent and well received program that incidentally raised more than twice as much money as any of AIDSLaw's previous endeavors.The response was so good that this year we're expanding to a two-day program on December7 and 8. Many thanks to Pam and her commitment and help. One of the speakers at the program was Jean Patru who spoke on mediation. A clinical social worker and board certified diplomate, Jean offered her services as a volunteer and we quickly took her u on the offer. Jean just recently facilitated a retreat for the board and staff that identified some of the agency's strengths and weaknesses. Jean's friendly demeanor and good sense kept us on track and focused at the retreat, and much o the success of the event can be attributed to her presence. For several years we've been trying to get the AIDSLaw pamphlets translated into Spanish to make them accessible to the growing numbers of Hispanics that are infected by the virus. It's been slow getting the job done, but now we have a volunteer working on the job. He prefers to remain anonymous t this point, but we hope that once all the translations are completed he will allow us to thank him publicly. Finally, no article about volunteers would be complete without a salute to Gene Adams of Club New Orleans. Whether it's been consistent financial support or donating articles to our silent auction, Gene has come through for AIDSLaw time and again. Most recently, we owe two new filing cabinets to Gene's generosity. So to everyone who has helped AIDSLaw over the past year, we offer our heartfelt thanks. We simply could not do the job without your support. Return to the Table of Contents
	From the Front Office By Linton Carney ARRIVALS AND DEPARTURES People who can still read small print may have noticed several changes to the Currents masthead. Martha Kegel left the board last year. Besides serving as ALL's treasurer for the last 18 months, Martha engineered the Major Gifts Campaign that resulted in our hiring a new staff attorney (see the story on page 3). Martha handed delivered the books to Gregory Curtis, our new treasurer. Gayle Jackson also has left the board. A 1997 Pro Bono award recipient, Gayle leaves us to spend more time with her new son. They will both be missed by everyone. Since the last issue, the board has also added four new members. Kim Boyle, a partner at Rodney, Bordenave, Boykin, Bennette& Boyle, has an extensive background with public interest organizations, ranging from New Orleans Legal Assistance Corporation to the ACLU. Brien Gussoni, director of risk management and general counsel to the Port of New Orleans, has been active in the Buddy Program. Jerome Pellerin, who has a private law practice in New Orleans, is past counsel to the School Board and served on the Jazz and Heritage Festival Board. Demond Smith is a special assistant to Bankruptcy Judge T. M. Brahney. A member of the Forum for Equality, he is a volunteer for Belle Reve and the River Road Historic Society. ON THE ROAD In the last few months, AIDSLaw attorneys have been on the road to see clients in all parts of Louisiana. We now have a regular schedule of going to the Southwest Louisiana AIDS Council in Lake Charles the second Tuesday of every month. On the third Tuesday of each month, we visit Family Services in Baton Rouge and see clients from that organization and Friends for Life. The middle week of each month, an AIDSLaw attorney is at CLASS in Alexandria on Tuesday, at the Philadelphia Center in Shreveport on Wednesday, and at GO-CARE in Monroe on Thursday. As AIDS makes its way into every nook of the State, we think it's important to be more accessible to clients, and we hope the regular trips are making a difference. STICKING POINTS Needle exchange programs have gotten a shot in the arm (pun intended) by a new position paper from the American Bar Association. Since 1997 the organization has been on record in support of these programs, but now it wants to encourage state affiliates to use their muscle to change local laws. The statement from the ABA's AIDS Coordinating Committee relies on the strong evidence that letting injection drug users have access to clean syringes reduces the risk of transmitting HIV without a corresponding increase in drug use. The committee recommends five possible approaches: amending drug paraphernalia laws to exempt needle exchange programs;eliminate syringe prescription laws; changing statutes and regulations to provide that furnishing syringes to prevent diseases is permissible; loosening pharmacy regulations that inhibit syringe sales; and coming up with better ways for safely disposing used syringes. If you believe (as I do) that access to clean needles will help stop AIDS and will not increase drug use, contact your state legislators. Although most states still outlaw needle swaps, they have been legalized to some extent in 12 states, all in the North and West (Maine, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Wisconsin, Minnesota, New Mexico, Washington, Oregon and Hawaii). THROW AWAY THE KEY In January the US Supreme court refused to hear a case about Alabama's practice of segragating prisoners based on HIV and AIDS status. Since 1987 Alabama has tested incoming prisoners and sent HIV-positive inmates to two facilities, one for men and one for women. The prisoners are not allowed to work in the kitchen, laundry, or farm, are excluded from vocational, educational and athletic programs, and even have separate religious services. The Court of Appeals for the Eleventh Circuit, which covers Alabama, Georgia and Florida, accepted the prison officials' judgment that rampant violence, drug use, and unprotected sex in prison made HIV-positive inmates an unreasonable risk to other inmates. NO WAY ADA Can insurance companies put caps on HIV and AIDS coverage without violating the Americans with Disabilities Act? The Fifth Circuit, which covers Texas, Louisiana, and Mississippi may have given the green light to the insurance companies to put caps on HIV and AIDS coverage. In late February, the court upheld a policy with a two-year cap of $10,000 (after two years, coverage was the maximum). The Seventh Circuit in Chicago gave sanction to a policy with a lifetime AIDS cap of $25,000 compared to a $1 million cap for other conditions. This January the US Supreme Court refused to consider the Seventh Circuit case, making it law in Illinois, Indiana and Wisconsin. This seems to be the trend in the federal courts, and raises questions whether insurers will rush to reinstitute caps that had become rarer in recent years. However, in a good development, insurance giant Mutual of Omaha recently announced that it was dropping caps for HIV and AIDS coverage effective May 1. SHORT NOTES The Justice Department has sued a Tulsa, Oklahoma neurology clinic for refusing to treat an HIV-positive man for neck and shoulder complaints. The clinic says the patient was turned down because he didn't need treatment. Ohio celebrated the holidays by becoming the twenty-ninth state to criminalize having sex without informing a partner about seropositive status. In South Carolina, a new law allows crime victims who have been exposed to body fluids to obtain the HIV and hepatitis B test results from suspects charged with the offense. A man in Baltimore received 18 months in jail for biting a security guard while fleeing from a department store where he had been shoplifting. In Massachusetts, a woman claims that a moving company stopped loading the van when they found out that her son had AIDS. The company says her boxes weren't packed correctly. Return to the Table of Contents
	Statistics about HIV and AIDS Number of people living with HIV/AIDS in Louisiana as of February 29, 2000: 11,785. Number of AIDS-related deaths in Louisiana as of February 29, 2000: 7,174. 126 Louisiana children under the age of 13 have been diagnosed with HIV/AIDS; 76 have died. 63.7% of those living with HIV/AIDS in Louisiana are African-American; in the nation as a whole, the percentage is 36.9%. Women make up a higher percentage of HIV and AIDS cases in Louisiana than in the nation as a whole, 26.4% versus 16.7%. There have been 1930 cases of HIV and AIDS in East Baton Rouge Parish. Sixteen parishes (Allen, Avoyelles, Caddo, Calcasieu, East Baton Rouge, Iberville, Jefferson, Lafayette, Orleans, Ouachita, Rapides, St. Landry, St. Tammany, Tangipahoa, Washington and West Feliciana) have more than100 cases of HIV/AIDS. Heterosexual transmission accounts for 13.1% of AIDS cases in Louisiana; the national average is 9.9%. (from Louisiana Office of Public Health, HIV/AIDS Line, Vol. IX, No.2) Return to the Table of Contents
	Questions and Answers on Health Insurance (Part Two) By Geoff Murphy, Murphy & McKnight If I retire or take a job with a different employer, will I automatically lose the health insurance I have with my current employer? Most employees can say on an employer's group health plan for some period of time after they leave that employer. Exactly how long you can keep your coverage depends on several factors, including the size of the employer, whether yu are eligible for other group coverage or for Medicare, and whether you have a Social Security determination that you are disabled. A federal law commonly known as "COBRA" applies to employers with 15 or more employees. It allows an ex-employee to stay ion the employer's health plan for up to 18 months after leaving that employer. This continuation coverage is not automatic: you must let the employer know you want it, though the employer should provide you with a notice of this right and an "election" form soon after you leave your job. The continuation period can be extended to 29 months if you have a disability, as determined by Social Security, which began no later than 60 days after you left the employer. To qualify for this extension you must notify your ex-employer of the Social Security determination before the expiration of the original 18 month period. Regardless of whether you are initially eligible for the 18 month or the 29 month extension, your eligibility could end as soon as you become eligible for other employer group coverage, if that plan has benefits comparable to your previous employer's plan. You could also lose your COBRA eligibility as soon as you become eligible for Medicare. (You will generally be eligible for Medicare when you turn 65 years old or, if you are disabled at an earlier age, 29 months after your disability onset date as determined by Social Security.) A Louisiana state law applies to employers with at least three but fewer than 15 employees. It provides for 12 months of continuation coverage but can also end earlier if you become eligible for other group health insurance or Medicare. Where an employer has fewer than three employees, there are no legally mandated continuation rights. However, you may be eligible for HIPAA coverage, discussed in answer to the next question. Under both state and federal law, your former employer can require that you pay the premiums associated with your coverage. If you meet certain income requirements (less than $25,050 annually for a single-person household), the State of Louisiana may pay these premiums for you. The federal and state laws mentioned above set minimum requirements. SOme employers may offer a longer continuation period, especially to permanently disabled employees, at lower or no cost. My COBRA coverage is about to expire. What other options do I have for health insurance? In addition to the possibilities discussed in the last issue, you are likely eligible for a "HIPAA" policy through the Louisiana Insurance Association. Coverage and costs are generally identical to that of the Insurance Association's High Risk Pool (also discussed in the last issue). However, as long as you have no other insurance options and are not Medicare eligible, you are guaranteed a HIPAA policy, while High Risk Policies are dependent on state funding. I am about to lose my COBRA (or HIPPA) coverage because I will soon be eligible for Medicare. I've heard that Medicare does not cover prescriptions. Can I simply reject Medicare and keep my COBRA (or HIPPA) coverage? What else can I do? You're in a bad situation. COBRA and HIPPA coverage can end as soon as you are eligible for Medicare, whether or not you accept it. Basic Medicare does not offer any prescription medication benefits. People who stop working because of disability can avoid becoming Medicare eligible (or at least delay their eligibility until age 65) by not applying for Social Security. This should protect their HIPPA coverage until they are 65. However, this is not a realistic option for most people, either because they can not survive without Social Security benefits or because their private disability policies require they apply for Social Security. "Medigap" policies and "Medicare managed care" plans may give you a little help, but not much. Medigap policies are offered by many private insurance companies and are designed to pay for some medical services not covered by Medicare. However, these policies provide only a small prescription drug benefit (maximum about $1,500 per year), which is far less than the average annual cost of HIV medications. Moreover these policies are available only to people 65 years of age and older. Medicare managed care plans are HMO type plans offered by several hospitals and insurers in Louisiana. These do not require any additional premium payment by Medicare recipients. These also have a very limited prescription drug benefit but are open to people under age 65 who are on Medicare because of disability. Any real solution to the prescription gap in Medicare coverage will require federal legislation. Write your Senator and Representative and let them know of your predicament. In the meantime, if you have no or inadequate insurance to cover your HIV prescriptions, you may be eligible for medication assistance. The AIDS Drug Assistance Program (ADAP) provides a formulary of drugs available through the state hospital system. If the particular drug you need is not on the formulary, you can ask for it to be covered. Note that the income guideline for this program is $16,700 for a single-person household. In New Orleans, the Ryan White Title I Medication Assistance Program provides drugs that are not on the ADAP formulary. Return to the Table of Contents
	On the Job by Deidre Peterson Last year, I was one of the recipients of AIDSLaw's Pro Bono Publico awards. This year, I am a new staff attorney at AIDSLaw. I work primarily with outreach in correctional institutions and in the African-American Community. Strange as it may seem, I like prisons. They are full of interesting people with interesting stories. My background as an assistant attorney general in Wisconsin (where I defended prison officials against prisoners' claims) and later as a criminal defense attorney has prepared me well for my new position. An inmate at Angola once told me that living in prison with HIV or AIDS is not an easy mix. It is like living anonymously in a crowd. According to statistics, almost 2% of Louisiana inmates have HIV or AIDS. I do not know what it is to be infected with the AIDS virus or to live in prison, but I have witnessed at firsthand the devastating effects this existence has on inmates and their families. In my first two months at AIDSLaw, I have visited the Louisiana Correctional Institute for Women at St. Gabriel on three occasions and will be returning each month. There are 900 inmates at St. Gabriel, and in Louisiana (and nationwide) women are the fastest growing inmate population. Most are incarcerated on drug-related offenses. Interest in HIV and AIDS-related issues is high. They are worried about transmission issues and discrimination. In addition, many inmates are tested for HIV before going to the parole board, and this fact is a source of great irritation to most of the inmates that I have talked with. I have not been to Angola yet, but I already have a client there. He has full-blown AIDS and he is seeking a medical pardon. His family is concerned that he may die in Angola because he is in and out of the prison infirmary. I have also received letters from state inmates complaining about poor treatment facilities for inmates with AIDS or HIV, and I hope this is something I can start to change through more outreach and education at prison. Return to the Table of Contents
	Thanks Everyone at AIDSLaw wants to extend thanks to the many friends and supporters who have given generously to make sure that ALL continues its work. As long as fear and bias are salient traits of the AIDS epidemic, members of the affected community will need ALL's (and your) help if they are to be treated with dignity and fairness in the legal arena. Your support makes important legal protections a right rather than a dream. GUARDIANS OF FREEDOM Bobby Mathews & Suzi Fowler JUSTICE Scott Bickford Club New Orleans Suzy Montero Jeffrey Reeder Jack Sullivan APPELLATE JUDGE Bob McKnight TRIAL JUDGE American Aquatic Gardens Larry Becnel Jimmy Fahrenholz, in memory of Chuck Fahrenholz Martha Kegel Gerry Pelayo Harry Tervalon SENIOR PARTNER Iska Beck Richard P. Bullock Gregory Curtis Paul G. Killgore Rosetta B. Lee Ric Rolston Return to the Table of Contents
	Currents is produced three times annually by AIDSLaw of Louisiana, Inc., for its clients, donors, and other constituents. We invite your comments. Please send them to: AIDSLaw of Louisiana, Inc. P.O.Box 30203 New Orleans, LA 70190 (504) 568-1631 or 800-375-5035 Fax: (504) 568-1242 email: info@aidslaw.org https://www.aidslaw.org funded in part by the Louisiana Bar Foundation IOLTA Program