LIVING WITH HIV:
A Legal Guide
TABLE OF CONTENTS
Maintaining Coverage 10
Employee Group Coverage 10
Cashing in Your Life Insurance 13
A NOTE ABOUT AIDSLaw OF LOUISIANA, INC.
AIDSLaw of Louisiana, Inc. is a not-for-profit organization of attorneys
and other legal professionals. We are dedicated to helping people with
HIV-related legal problems and needs, as well as advocating for public policies
that both protect the rights of the HIV-affected and safeguard the public
health. We are also committed to educating the HIV community, the legal
community, and the public about the legal issues surrounding HIV and AIDS.
Our information and referral line (568-1631 in New Orleans, and 1-800-375-5035
statewide) is open from 10 a.m. to 5 p.m., Mondays through Fridays, to answer
any questions you might have on the legal aspects of HIV/AIDS. You may also
write to us at: P.O. Box 30203, New Orleans, LA 70190. If you have an HIV-related
legal problem and cannot afford an attorney, we can provide you with services
free of charge. For those who can afford an attorney, we provide referrals
to qualified attorneys who are experienced in HIV-related legal matters.
November, 1998.
This booklet was produced by AIDSLaw of Louisiana, Inc., which is supported
in part by grants from the Louisiana Bar Foundation's Interest on Lawyers'
Trust Accounts (IOLTA) Program, Titles I and II of the Ryan White Act, and
the NO/AIDS Task Force.
INTRODUCTION
Sadly, people with HIV/AIDS not only have to deal with a serious medical
condition, but also very often face discrimination, financial hardship, and
a loss of control over personal decisions. The aim of this booklet is threefold:
first, to help you minimize or prevent these problems; secondly, to inform
you of the rights and remedies you have if you encounter discrimination;
and finally, to let you know of the benefits and services that are available
to people disabled by HIV/AIDS.
This booklet is intended to provide you with practical information on how
to avoid problems and obtain benefits. However, if you encounter a problem,
this booklet is not a substitute for consulting an attorney. There are also
instances in which you may want to consult an attorney before you have a
problem, such as when you are reviewing your insurance coverage or when you
are deciding whether the time has come to file an insurance claim or apply
for disability benefits. While this booklet gives some general rules for
these instances, every individual's situation is unique and an attorney can
help you decide what is the best course of action in your case.
Finally, although you need to maintain confidentiality, you should not let
this prevent you from seeking help. As mentioned above, there are many instances
in which you should consult an HIV knowledgeable attorney. Additionally,
you should tell a doctor about your HIV-status as soon as you discover it.
However, this doctor should be both knowledgeable about HIV-treatment and
aware of the need for strict confidentiality. These are qualifications that
your usual or family physician may not have.
We hope this booklet is useful to you. If you have questions or suggestions,
please give us a call.