Public Comments to CDC on draft "Recommendations for HIV Screening in Clinical Settings," CHLP et al (2024)

These comments authored by CHLP with Lambda Legal, the Legal Action Center, the U.S. People Living with HIV Caucus, Positive Women’s Network, Transgender Law Center, The Well Project, HealthHIV, AVAC, Disability Rights Education and Defense Fund, and The American Civil Liberties Union were submitted in response to the Center for Disease Control’s (CDC) draft "Recommendations for HIV Screenings in Clinical Settings.” 

The portion of the "Recommendations" on which CHLP’s comments are focused is the section that removes a person’s ability to receive direct notice an HIV test will be performed on their blood and a meaningful opportunity to give informed consent. CHLP’s submitted comments address the necessity of guaranteeing a person’s right to give informed consent as to any portion of their medical care, and that the impact of these changes may be to further drive a wedge between communities that are vulnerable to HIV and the medical care system. The comments suggest that there are evidence-based practices the CDC could use to modify their Recommendations that would easily support the goal of increased testing while preserving people’s right to actual notice that an HIV test would be performed and allow them to be fully engaged in shared decision-making with their provider.