Resources and Links

Welcome! These materials are assembled for Duke Law Students working in the AIDS Legal Project, as well as the general public. They cover legal and medical issues important to people with HIV/AIDS and their advocates.

Students only: Course Documents . . . . . . .Readings . . . . . . Office FAQs

Great HIV/AIDS Websites

The Body, a comprehensive HIV/AIDS Website with medical, practical, and personal resources

The Body's This Positive Life - a monthly video series featuring real people living with HIV

POZ, the site of POZ Magazine, offers daily news, treatment updates, personal profiles, investigative features, videos, blogs and an extensive online social network

AIDS Meds, excellent medical information and links to medical research

AIDS Drug Assistance Program

The NC ADAP program is in crisis, with enrollment limited to people under 125% of poverty, and a growing waitlist.

Health Care Reform

The law:

Patient Protection and Affordable Care Act (Senate Bill)
Health Care and Education Affordability Reconciliation Act of 2010 (Reconciliation Bill)
National Health Law Program - a thorough analysis of health care reform, focusing on children and low income people

What does Health Care Reform mean for people with HIV?

Find out about Health Care Reform generally at the Kaiser Family Foundation website. Here are some other links to analysis of Health Care Reform for the HIV/AIDS community.

Treatment Access Expansion Project/Harvard Health Law & Policy Clinic Analysis
POZ Magazine
HIV Law Project
Some Highlights:
No Lifetime limits in insurance policies: Goes into effect for plan years starting on or after 9/23/2010. Note that during the period between 9/23/2010 and 2014, plans will be able to impose a "restricted annual limit" on benefits. Details of the annual limits are still to be worked out, but they are supposed to ensure that "access to needed services is made available."
No Pre-existing condition limitations: Effective 2014 for adults. Goes into effect in 2010 for children.
Medicaid Expansion: Eliminates the requirement that an adult be disabled to get Medicaid. Also raises the income level for eligibility to 133% of the federal poverty level (it is currently 100% of poverty). As of 2010, this means $14,404 for an individual and $29,326 for a family of four. Effective 2014. See this tutorial from the Kaiser Family Foundation, Health Reform: How Will Medicaid Change?
Medicare changes: Over time, eliminates of the Medicare Part D Drug Plan "donut hole": This goes into effect over a period of years, starting this year with a $250 rebate. Also, permits ADAP expenditures to count toward "True out of Pocket" cost to navigate through the donut hole.
Funding for States to Create High Risk Insurance Pools. States have the option of creating a pool to provide insurance for people with chronic illnesses who can't get affordable insurance. Note that North Carolina already has a High Risk Insurance Pool, Inclusive Health

Duke Legal Project Brochures

Quick Legal Research Links

North Carolina Rules of Professional Conduct (Attorney Ethics Rules)
North Carolina General Statutes
Standby Guardianship -- G.S. 35A-1370 et seq
Wills, G.S. Ch 31
Health Care Advance Directives, § 32A-15 et seq
Health Care Power of Attorney for a Minor, § 32A-28 et seq.
Power of Attorney, G.S. Chapter 32A
Living Will (right to natural death) § 90-320 et seq
Public Health, Chapter 130A
Communicable Diseases, § 130A-134
HIV Testing & Discrimination, § 130A-148
HIV Confidentiality § 130A-143.
North Carolina Administrative Code
Communicable Disease Control, Title 10A, Chapter 41, Subchapter A
North Carolina Department of Health & Human Services Manuals (Medicaid, Food Stamps, etc)
Online United States Government Resources -- Government Printing Office
United States Code
Code of Federal Regulations
Social Security Law:
Tips for searching law & policy on SSA website, Eric Schnaufer
Social Security website
Social Security Program Policy Page - Links to Statute, Regulations, POMS, and other important materials
Program Rules Home Page
eCFR Social Security Regulations (20 CFR 404) and SSI Regulations (20 CFR 416)
CFR (Title 20) (Social Security Regulations)
Listings of Impairments,
POMS (Program Operating Manual)
HALLEX (Hearings & Appeals Manual)
Rulings
Dictionary of Occupational Titles
Occupational Outlook Handbook

AIDS/HIV Medical Issues

Medical Research

Duke Medical Center Library, good starting place, includes access to research tools. Duke users can access online journals and texts
Duke Medical Center Library - Materials for Medical Students -- also very helpful for law students or other non-medical researchers
University of Maryland Medical Center Encyclopedia -- Straightforward information about various medical conditions, with illustrations, photos, and video.
Visual Medical Dictionary
Medical Dictionary
Journal of the International AIDS Society, open access full-text
Journal of Acquired Immune Deficiency Syndromes, Ovid Full text (available for Duke work stations only )
Journal of the American Medical Association, (available on Duke work stations only)
The Open AIDS Journal, open access full-text

HIV Medical Information Generally

Clinical Guidelines Hub, at AIDS.gov, links to a variety of important NIH clinical guidelines
Guidelines for Prevention and Treatment of Opportunistic Infections in HIV-Infected Adults and Adolescents, from Centers for Disease Control, MMWR, March 24, 2009.
HIV Clinical Resource - from New York State Department of Health AIDS Institute & Johns Hopkins University Division of Infectious Diseases. Excellent information on variety of HIV medicine topics
AIDSMeds.com - excellent, understandable medical information and links to medical research
AIDSInfo: National Institutes of Health - wide range of information about HIV/AIDS medical issues.
The 15th Annual HIV Drug Guide, Positively Aware, Excellent guide to HIV meds for patients and advocates
Glossary of HIV Related Terms- from the National Institutes of Health
HIV Medicine, Christian Hoffman & Bernd Sebastian Kamps (eds), up-to-date medical textbook
Pocket Guide Adult HIV/AIDS Treatment, January 2006, John G. Bartlett, John Hopkins AIDS Service
Positively Aware: Informative magazine with articles on a variety of HIV-related issues
"The Body": A wide range of AIDS/HIV information, primarily medical, but also advocacy and policy. Includes a compilation of links to medical dictionaries and databases and " Basic tips on understanding Medical Terminology "
Poz & AIDS Meds: Poz chronicals the HIV epidemic. Site covers a variety of topics, including medical info and videos
HIV information videos from the National Minority AIDS Council's partner site, Healthology. Short videos about various HIV medicine topics, as well as accounts of living with HIV
HIV Insite: Information on HIV treatment, prevention, and policy, from the University of California at San Francisco. Their "knowledgebase" contains a wide variety of articles on various medical and policy issues, including articles onclinical manifestations of HIV and HIV related infections that would be helpful to read in conjunction with developing a theory in a disability case.
Guidelines for the Use of Antiretroviral Agents in HIV-1-Infected Adults and Adolescents, October 14, 2011, Department of Health and Human Services
AIDS/HIV Links: From the American Social Health Association & Centers for Disease Control
Hopkins HIV Report: Up-to-date articles on a wide variety of HIV/AIDS medical issues. I've linked to the table of contents.
Why People with HIV Still Die -- And Why They Don't Have To, Mark Mascolini, IAPAC Monthly, March 2004, on "The Body" website: Discusses the problem of people who receive HAART treatment but still die.
Long-Term Toxicities Associated With HIV and Antiretroviral Therapy, Peter J. Piliero, M.D., June 2003, posted on The Body web site. Helpful discussion of side effects associated with long term antiretroviral therapy.
HIV Symptom Management Guidelines, Lisa Capaldini, M.D., July 2004, HIV InSite Knowledge Base: Information about treatment of common HIV symptoms. Aimed at health care providers, but good information for analyzing disability cases.
Primary Care Guidelines for the Management of Persons Infected with the Human Immunodeficiency Virus: Recommendations of the HIV Medicine Association of the Infectious Diseases Society of America, from the journal Clinical Infectious Diseases, September 1, 2004.
HIV Medicine Association, Useful medical and policy background information
NAM AIDSmap, Treatment and Care, Good resources on HIV symptoms and conditions

Medication Adherence

High Adherence May Become Less Essential the Longer a Patient Maintains Viral Suppression on HAART, Findings Suggest
An Interview With David Bangsberg, M.D., M.P.H., (coverage of CROI 2009 from The Body)

HIV and Cognitive Impairment

Up to Half of HIV-Infected Patients on Effective HAART Still Ultimately Develop Neurocognitive Impairment, Study Finds, An interview with Igor Grant, M.S., (coverage of CROI 2009 from The Body)
HIV and the Brain, Bulletin of Experimental Treatment of AIDS, Liz Highleyman, San Franscisco AIDS Foundation

HIV and Fatigue

Fatigue and HIV: Interview with Lisa Capaldini, M.D. Good background on kinds of fatigue experienced by people with HIV
HIV-related Fatigue, Liz Highleyman, Bulletin of Experimental Treatments for AIDS, Spring 2001. Excellent and comprehensive. Includes many useful medical journal references.
Fatigue in Patients with HIV/AIDS: By Gary Wolfe, RN
Fatigue Articles by Julie Barroso. Ph.D., ANP, CS, et al (password required):

HIV and Hepatitis

Hepatitis C: The Changing Picture, By Liz Highleyman, Summer 2009, on The Body website, from the quarterly, ACHIEVE. Extremely readable and up-to-date discussion of the relation between HIV and Hepatitis.
Viral Hepatitis C, National Center for HIV, STD and TB Prevention
Fatigue as a Symtom of Hep C, HepNet,
Hepatitis C Fact Sheets, Extensive collection of fact sheets covering a wide range of topics relating to Hep C, from the Hepatitis C Support Project.
Reading a Lab Report, Hepatitis C Support Project, Helpful overview of lab tests relevant to Hepatitis C
Treating HCV Infection in HIV/HCV Co-infected Patients, Brian Boyle, posted on The Body website.
Hepatitis C and Co-Infection: An Overview, Tracy Swan, ACRIA Update, Summer 2002. Another very understandable discussion of co-infection issues.
Hepatitis C and HIV, New Mexico AIDS InforNet, Fact Sheet Number 507, February 26, 2005. A more brief, but helpful and understandable fact sheet on Hepatitis C and HIV.
HIV and Hepatitis C co-infection: Website devoted to this issue. More focused on updates and new research than on general information.
HIV and HAART: Sean R. Hosein, "Hepatitis C found to Diminish Response to HAART," posted on The Body website.

HIV and Substance Abuse

The Alcohol and Drug Wildcard: Substance Use and Psychiatric Problems in People with HIV, Joan E. Sweben, PhD with Pat Denning, PhD. UCSF AIDS Health Project Monograph Series Number 2, 1998.

HIV and Mental Illness

Trauma: Frozen Moments, Frozen Lives, By Gaetano Vaccaro, Ph.D. and Joni Lavick, M.F.T., San Francisco AIDS Foundation, posted on The Body.
Managing Depression in HIV Disease, Viral Hepatitis and Substance Abuse, The PRN Notebook, December 2005
American Psychiatric Association, Practice Guideline for the Treatment of Patients With HIV/AIDS
Psychiatric Issues in the Management of Patients with HIV Infection, Glenn J. Treisman, Andrew F. Angelion, Heidi E. Hutton, Journal of the American Medical Association, 2001
Mental Illness, An Overview, American Psychiatric Association
National Institute of Mental Health, Public Information - information about a variety of mental illnesses
NAMI (National Alliance for the Mentally Ill) - information about mental illnesses and treatment
The Role Of The Primary Care Practitioner In Assessing And Treating Mental Health In Persons With HIV, AIDS Institute, New York State Department of Health, 2001
Guide to Psychological Testing: overview of the common psychological tests

Medical References

Merck Manual: Extremely comprehensive medical manual; provides helpful medical background on countless medical conditions. This is more text than dictionary.
HealthFinder: Site operated by U.S. Department of Health and Human Services. Includes links and references concerning a wide range of health topics.
Duke Medical Center Library Online: Links to a variety of medical research tools.
MedicineNet.com: Wide range of medical articles written for laypersons, on subjects including diseases, treatments, diagnostic tools
Lab Tests Online: information about a wide range of diagnostic tests
Understanding Your Lab Results: AIDS Community Research Initiative of America (ACRIA), 2004. This is a very understandable booklet that explains in lay terms the major lab results important to people with HIV
Medical Pictures: A wide variety of medical pictures that may help you understand your client's medical conditions

Medical Abbreviations and Terminology

Glossary of HIV/AIDS Related Terms: From the San Francisco AIDS Foundation
Pharma Lexicon: Medical and pharmaceutical abbreviations and acronyms
Medical Abbreviations: searchable database of medical abbreviations
DUMC- Frequently Used Medical Abbreviations
Online Medical Dictionary
Merriam Webster Medical Dictionary, on Medline website

Information about particular disorders or body systems

Diabetes/Digestive/Kidney: National Institute of Diabetes and Digestive and Kidney Diseases, part of National Institutes of Health.
Heart/Lung/Blood: National Heart, Lung & Blood Institute
Heart/Diabetes: American Heart Association
General: WebMD - general information about a variety of conditions

Drug Information

AIDSinfo- Excellent resources from the National Institutes of Health on a variety of medical issues, including drug information.
13th Annual HIV Drug Guide, at The Body website. Includes links to info about medications, side effects, etc.
Pocket Guide to AntiRetrovirals: In pdf format, from Medscape, 2007. Includes information about side effects.
Drug Information: by Health Square. Consumer version of PDR
Medline Plus Drug Information: Information on over 9000 drugs
RxList: Drug Information

Medical Records

Duke University Medical Center Health Information Management: Information on obtaining medical records from DUMC

Disability

DisabilityInfo.gov: The new federal government site providing access to a full range of disability-related issues, including income, civil rights, housing, etc.

Social Security Disability

HIV as a Chronic Disease: Handling HIV Disability Cases in the Era of Treatment, Allison Rice, Duke AIDS Legal Project, October 2011
HIV and Disability: Updating the Social Security Listings, Institute of Medicine of the National Academies, Committee on Social Security HIV Disability Criteria. This 2010 report considers possible changes to disability evaluation for HIV, but is especially useful for advocates because of its review of current medical treatment and research on HIV. Available for free download.
Social Security Acronyms
Social Security Offices in North Carolina
Rules of conduct and standards of responsibility for representatives, Social Security Administration
Social Security Public Data -- Public information and datasets, including statistics on ALJ & hearing office performance

Government Publications and sites

General

Social Security Online: The official web site of the Social Security Administration, with extensive links
Index to Social Security website: Extremely valuable search tool
Glossary of Social Security Terms: Don't know what the term means? Look it up here.
Social Security Office Locator: Find the contact information for any Social Security local office. Just input the client's social security number.
SSA's "Representing Clients" Page: With links to important resources for advocates, includingStandards of Conduct for Representatives
Understanding Supplemental Security Income (SSI): SSA web site's good, understandable discussion of SSI, including financial eligibility
SSI Maximum Benefit Amounts: Maximum benefit amounts for each year from 1975 to present.
Social Security Handbook: Official publication of the Social Security Administration. Basic guide to SSA programs.
Your Right to Representation: Explanation of representation rights for claimants
Office of Disability Adjudication & Review: Web site of the ODAR

Laws, regulations, operating procedure

Social Security Law:
Social Security website
Social Security Program Policy Page - Links to Statute, Regulations, POMS, and other important materials
Program Rules Home Page
CFR (Title 20) (Social Security Regulations)
Listings of Impairments,
POMS (Program Operating Manual)
HALLEX (Hearings & Appeals Manual)
Rulings
Dictionary of Occupational Titles
Disability Rules: 24 C.F.R. Part 404 and appendices . Another SSA site with all adult disability regulations. Each section on separate web page; includes convenient links to cross references within the regulations.
HALLEX Section I-02-1-40 Critical Case Status in the Office of Disability Adjudication and Review (ODAR) - Rules for expediting cases in the ODAR based on TERI Status (Terminal Illness) or Dire Needs.

Disability Evaluation

A Brief Guide to the Social Security Disability Guidelines for Patients with HIV Infection, Lucas Przymusinski, M.D. Duke Law '07. Very helpful overview of medical aspects of the key HIV disability listings.
SSA Form 4814 - Medical Report on Adult with Allegation of HIV infection: This SSA form is for use by physicians in HIV cases. It seems not to be used very often, but is a helpful checklist for evaluating HIV cases.
Disability Evaluation under Social Security: Social Security's "Blue Book." This is Social Security's guide to disability evaluation for health care professionals.
Adult Disability Listings
24 C.F.R. Part 404 and appendices . Another SSA site with all adult disability regulations. Each section on separate web page; includes convenient links to cross references within the regulations.
Drugs & Alcohol: EM-96200: Questions and Answers Concerning DAA from the 07/02/96 Teleconference: Social Security's guidance on situations where drug or alcohol abuse is a factor.
Obesity
SSA Rule 02-1p, Obesity Evaluation: Social Security's guidance on evaluation of obesity.
Evaluation of Pain:
Social Security Regulations: 20 CFR 404.1529, How we evaluate symptoms, including pain
Social Security Ruling: SSR 96-7p, Policy Interpretation Ruling Titles II and XVI: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual's Statement
Residual Functional Capacity:
SSR 96-8p - Assessing Residual Functional Capacity. Very important guidance, including "Ordinarily, RFC is an assessment of an individual's ability to do sustained work-related physical and mental activities in a work setting on a regular and continuing basis. A "regular and continuing basis" means 8 hours a day, for 5 days a week, or an equivalent work schedule"
POMS DI 24510 TN 55 - This transmittal provides guidance on policy and procedures regarding sustainability and the residual functional capacity (RFC) assessment. Although Social Security Ruling 96-8p discusses sustainability in regards to the RFC, this new section provides specific instructions for proper RFC completion when an inability to sustain a 40-hour workweek is an issue.
Duration:
SSR 93-2p: establishes that the 12-month durational requirement need not be separately proven in HIV cases.
SSR 83-20: TITLES II AND XVI: ONSET OF DISABILITY
Vocational Issues
Dictionary of Occupational Titles: Department of Labor publication used in evaluating vocational aspects of disability cases.

Fleeing Felons

Martinez Case Materials -- Successful national class action challenging SSA's interpretation of fleeing felon requirements.
Fleeing Felon Issues: POMS
Title II Fugitive Felons and Parole and Probation Violators: POMS GN 02613 TN 11 -- Processing of Martinez Claims
Fleeing Felon - Requesting Good Cause- Instructions to Appeal Social Security Benefits - Fleeing Felons

Overpayments

Dealing with Post Entitlement Issues, James R. Shelton, 2006

Working while on Social Security Disability

BPA&O Manual 2006. Manual for Benefits Protection and Advocacy Organizations - an excellent resource that discusses SSDI and SSI and work incentives for Social Security Disability, SSI, Housing Assistance, etc.
The Red Book. Social Security's Guide to Work Incentives for People with Disabilities. This book explains how working affects disability benefits. EXCELLENT resource!
Social Security Work Incentives, Sponsored by RCEP7 University of Missouri-Columbia, & RegionVII PASS Cadre. Excellent resources, including a forms page with forms and more.
Work Incentives for Persons with Disabilities Under the Social Security and SSI Programs, James R. Sheldon, Jr., Neighborhood Legal Services, August 2002
Social Security Beneficiaries Returning to Work, John Coburn, Absolutely Positive, March/April 2002. Helpful summary of Social Security's Return to Work Provisions.
Social Security's Work Site: Social Security's information about working while receiving disability
Keeping Medicare and Medicaid when you Return to Work, Kaiser Family Foundation
Expedited Reinstatement of SSI and Social Security Disability Benefits, James R. Sheldon, May 2006

Information especially for advocates

National Organization of Social Security Claimants' Representatives (NOSSCR)
North Carolina 98 Formal Ethics Opinion 1: Obligations of North Carolina lawyers with respect to adverse evidence in a Social Security Disability case. Opinion rules that a lawyer representing a client in a social security disability hearing is not required to inform the administrative law judge of material adverse facts known to the lawyer.
North Carolina RPC 230, 1996: Ethical Opinion of North Carolina bar on adverse evidence
Standards of Conduct for Representatives SSA's ethics rules for claimant representatives.

Disability Web Sites

Tom Bush web site: Excellent website of the author of Social Security Disability Practice, James Publishing
Disability Doc: Excellent resources on a wide range of disability topics, by Keith R. Holden, M.D. Kept current.
Legal Information Institute - Social Security Materials . Extensive links to a variety of resources on Social Security, including statutes, regulations, treatises, etc.
Social Security Online Course: Spring 2008 by Peter Martin of Cornell Law School. A thorough overview of the Social Security Program, as well as a source for links to online materials, including statutes, regulations, treatises.
Social Security News, A blog maintained by Charles Hall, a disability lawyer in Raleigh, and author of Social Security Disability Practice.
Social Security Secrets: A publication of Michigan Advocates Exchange. A readable, down-to-earth guide for people with HIV/AIDS who are applying for disability benefits. Helpful even for lawyers and other advocates.
Social Security Advisory Service: Privately run site with a variety of information and links.

Short Term Disability - Taking Time Off for Health Reasons

Family and Medical Leave Act: Summary of the FMLA and employee rights, by the Job Accommodation Network of the Department of Labor.
Family and Medical Leave Act: Text (U.S. Department of Labor Web Site

Privacy/Confidentiality of Medical Information

Confidentiality and the HIV Positive Client, Powerpoint with overview of confidentiality concerns and laws in North Carolina.
Medical Privacy, Overview of federal medical privacy rules under HIPAA (Health Information Portability and Privacy Act) -- Department of Health & Human Services, Office for Civil Rights.
Health Information Fact Sheets, from the Department of Health and Human Services Office of Civil Rights: Privacy and Your Health Information, Your Health Information Privacy Rights, How to File a Health Information Privacy Complaint with the Office of Civil Rights
Health Information Confidentiality: An Introduction to Law for NC Local Health Departments, Aimee Wall, UNC School of Government, 2004
Summary of the HIPAA Privacy Rule, US Department of Health and Human Resources, Office of Civil Rights
EEOC Enforcement Guidance: Disability-Releated Inquiries and Medical Examinations of Employees under the ADA, issued July 27, 2000
Health Privacy Project: Another great resource from the Georgetown University Institute for Health Care Research and Policy. The Health Privacy Project is dedicated to raising public awareness of the importance of ensuring health privacy in order to improve health care access and quality, both on an individual and a community level.
Americans With Disabilities Act and Confidentiality of Medical Information, Arizona Center for Disability Law. A Self-help advocacy guide.

North Carolina Laws Governing Confidentiality of HIV Status

N.C. Gen. Stat. 130A-143 (Confidentiality of AIDS/HIV Status)
N.C. Gen. Stat. 130A-25 (Criminal Sanction for Disclosure)

Human Rights

Southern Exposure: HIV and Human Rights in the Southern United States, Human Rights Watch, November 2010

Discrimination

Civil Rights Generally

HIV & Civil Rights - A report from the frontlines of the Epidemic, ACLU, 2003

Federal Law

EEOC: Web site of the Equal Employment Opportunity Commission, the federal agency that enforces federal employment discrimination laws
Department of Justice, Disability Rights Section of the Civil Rights Division. Enforces public services and public accommodations sections of the Americans with Disabilities Act; also enforces Section 504 of the Rehabilitation Act.
Office of Civil Rights, Department of Health and Human Services. For discrimination/privacy concerns related to health care facilities
A Guide to Disability Rights Laws - published by the DOJ, August 2001edition.
Job Accommodation Network: Worksite Accommodation Ideas for Individuals with HIV/AIDS:Office of Disability Employment Policy, U.S. Department of Labor.
Also check out other links and resources on the Job Accommodation Network concerning a variety of topics.
The ADA Title I Enforcement Project, A project of the Cecil G. Sheps Center, Chapel Hill, N.C.
Civil Rights and the Americans with Disabilities Act, ADA Protection for People with Mental Disabilities,Bazelon Center for Mental Health Law. This site provides an excellent overview of the the Americans with Disabilities Act and how it has been applied in the courts. Also has guidance on procedures under ADA. See also Bazelon's excellent resources onother issues facing people with mental disabilities (who may also be HIV+), Much of the legal analysis of the mental disabilities issues applies to HIV.
EEOC: How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers

HIV in the Military

Servicemembers Legal Defense Network -- Check out their Survival Guide, especially the section on HIV/AIDS

North Carolina Law

North Carolina Law: AIDS Testing & Discrimination against persons with AIDS/HIV - N.C. Gen. Stat. 130A-148. Section (i) provides some very weak anti-discrimination protection. It permits refusal to hire an HIV+ applicant, which is in direct conflict with the Americans with Disabilities Act.

Public Health

Centers for Disease Control Home Page: Official site of CDC, includes links to a variety of medical and health information
Centers for Disease Control: Centers for Disease Control - Health Statistics. Resources for obtaining birth and death records. Links to State Health Departments.

North Carolina Public Health Law

Index of Selected N.C. Communicable Disease Laws, from UNC School of Government
Public Health Trainings from the North Carolina School of Government
N.C.G.S. 130A-144 (Investigation and Control Measures)
N.C.G.S. 130A-148 (AIDS Testing and Anti-Discrimination Provisions)
15 NCAC 19A .0201 (Control Measures Generally)
15 NCAC 19A .0202 (Control Measures - HIV)
15 NCAC 19A .0206 (Control Measures in Health Care Setting)
15 NCAC 19A.0207 (HIV & HEP B Infected Health Care Workers)

Advance Directives

North Carolina Secretary of State Advance Directive FAQs
North Carolina Statutory Form Documents - These are forms that are set out in the North Carolina Statutes. They meet the requirements of North Carolina law, but can be adapted to fit individual needs:
Health Care Power of Attorney (MS word) (pdf)
Living Will (MS Word) (pdf)
Advance Instructions for Mental Health Treatment (MS Word) (pdf)
North Carolina Minimum Provisions of Patient's Bill of Rights - Each hospital is required to have a Patient's Bill of Rights that contains at least these rights. It includes the right for a patient to designate non-family members who have the right to visit the patient in the same manner as family members.
President Obama's Memo on patient visitation, April 15, 2010, Directs the Secretary of Health and Human Resources to require hospitals receiving Medicaid or Medicare to permit patients to designate non-family-member visitors with full visitation rights.
American Bar Association materials on Advance Health Care Directives and End of Life Planning

Health Care and Insurance

Kaiser Family Foundation: This comprehensive website provides a wealth of information about health insurance, government health care programs, access to health care, and more. Financing HIV/AIDS Care: A Quilt with Many Holes, Kaiser Family Foundation, May 2004
National Health Law Program

Government Health Insurance Programs

AIDS Drug Assistance Program - North Carolina

Medicare

Prescription Drug Benefit (Medicare Part D)

Medicare Prescription Drug Benefit Fact Sheet, Kaiser Family Foundation, July 2007
Got Medicare? What People Living with HIV Need to Know About the New Medicare Drug Benefit, The Body, October 16, 2005
The New Medicare Drug Benefit: An HIV/AIDS Enrollment Tool Kit, October 2005. This is a very comprehensive and user-friendly guide to choosing the right plan under Medicare Part D. (Treatment Access Expansion Project, HIV Medicine Association, Americna Academy of HIV Medicine, National Association of People with AIDS)
Medicare Part D Exceptions and Appeals Process, Kaiser
Low Income Subsidy POMS for Low Income Subsidy applications, The rules used by Social Security in taking and processing applications for "Extra Help" with Medicare Part D expenses.

Medicare generally

Navigating Medicare and Medicaid, A Resource Guide for People with Disabilities, Their Families and Their Advocates , Kaiser Family Foundation
Medicare 101: Kaiser Family Foundation Video
Talking About Medicare, The Kaiser Family Foundation's online consumer guide to help people on Medicare and their family members and caregivers make informed decisions about their health care.
Medicare & HIV/AIDS Fact Sheet, Kaiser Family Foundation
Medicare Fact Sheet, The Kaiser Family Foundation, a 2-page overview of Medicare
Keeping Medicare and Medicaid When You Return to Work, Kaiser Family Foundation

Medicaid

National Health Law Program materials on North Carolina Medicaid, including A North Carolina Advocates Guide to the Medicaid Program and Medicaid for the Aged Blind & Disabled in North Carolina, Dec 2007 (Doug Sea)
North Carolina Medicaid Eligibility: Chart summarizing eligibility requirements
North Carolina Medicaid Manuals: The State's administrative regulations for the Medicaid program. Note that there are several manuals: Adult Medicaid Manual, Family and Children's Medicaid.
NC Health Choice (State program with some federal funding for children in low income families with incomes above Medicaid income limits)
Medicaid & HIV/AIDS Fact Sheet, The Kaiser Family Foundation
Medicaid, A Primer, Kaiser Family Foundation, 2010
Medicaid 101: Kaiser Family Foundation Video
Medicaid (Joint federal-state program, administered by states; covers low income disabled & families with children)
Medicaid Fact Sheet, The Kaiser Family Foundation - a 2 page overview of Medicaid
The Medicaid Resource Book, Kaiser Commission on Medicaid and the Uninsured, Very comprehensive explanation of the Medicaid Program
Medicare and Medicaid Information (Social Security Web Site)
Medicaid to help pay Medicare Part B premium: Special Medicaid programs cover the Medicare Part B premium for low income Medicare recipients. See details from Thomas McCormack of the Ryan White Title II Community AIDS National Network
Medicare/Medicaid Dual Eligibles Fact Sheet, Kaiser Family Foundation

Private Health Insurance

A Consumer's Guide to Getting and Keeping Health Insurance in North Carolina, Georgetown University Institute for Health Care Research and Policy, 2004. Extremely clear summary of portability laws covering North Carolina residents.
North Carolina Health Insurance Risk Pool (NCHIRP), also known as Inclusive Health: provides "affordable," individual health insurance coverage for North Carolinians who do not have access to an employer health plan and face higher premiums due to a pre-existing medical condition. Check their website for plan details.
North Carolina Department of Insurance Health Insurance Resources: booklets include - Consumer Guide To Health Insurance, Consumer Guide To Disability Insurance, Consumer Guide To Appeals And Grievances, Consumer Guide To External Review, Consumer Guide To Health Insurance
North Carolina Law: Health Insurance Portability and Accountability, N.C.G.S. section 58-68-25, et seq., North Carolin laws on access to group health insurance
North Carolina Law: Health Insurance Portability and Accountability, N.C.G.S. section 58-68-60, et seq. North Carolina laws on access to individual health insurance
Health Benefits Under COBRA, Department of Labor, 1999: A clear summary of how employees can continue employer provided group health coverage after leaving work.
HIPAA Online: Information about the Health Insurance Portability and Accountability Act of 1996, from the Health Care Finance Agency. The material here is a little disjointed, but the site is still useful.
U.S. Department of Labor, Pension and Benefits Administration Publications This site has an extensive collection of informative publications relating to employer provided health insurance, including information about portability.
U.S Department of Labor Fact Sheet: Information Employees Need to Know to Protect Their Health Coverage. Important information for employees facing job loss.
HealthCareCoach.com: Consumer information about health care access, including insurance
Consumer Guide to handling Disputes with Your Employer or Private Health Plan, Kaiser Family Foundation.

Public Benefits Information

The Access Project -- North Carolina - links to North Carolina public benefits programs, case management, and other resources for people with HIV
Benefit Income Limits - 2008: Income limits for SSI, Medicare Part D Extra Help, Medicaid, ADAP
Social Security Thresholds - SGA, Trial Work Period, SSI amount, etc.
Federal Poverty Levels, for 48 contiguous states and District of Columbia
Veteran's Benefits Summary, from the Ryan White Title II Community AIDS National Network, Inc.
American Veteran's and Servicemembers Survival Guide
Veteran's Administration Home Page
Board of Veteran's Appeals Decisions

North Carolina Public Benefits

North Carolina Department of Health and Human Services: Good source of information about health, public benefits and social services in North Carolina.
North Carolina Division of Social Services: Contact information for local county departments of Social Services
North Carolina Department of Health and Human Services Program Manuals: State program rules for Food stamps, medicaid, etc.
Work First: North Carolina's welfare program for families (part of the federal TANF program)
Work First Manual: The State's administrative regulations for the Work First program.
Food Stamps: The federal food assistance program, administered by the State of North Carolina
Food Stamps Manual: The State's administrative regulations for the Food Stamps program.
Medicaid: North Carolina DHHS Division of Medical Assistance. NC information for this Federal/State health care program for certain low income people.
NC Health Choice (State program with some federal funding for children in low income families with incomes above Medicaid income limits)
North Carolina Medicaid Eligibility: Chart summarizing eligibility requirements
Medicaid Manuals: The State's administrative regulations for the Medicaid program. Note that there are several manuals: Adult Medicaid Manual, Family and Children's Medicaid.
ADAP/Purchase of Medical Care Materials: Department of Health and Human Resources, eligibility information about AIDS Drug Assistance Program (ADAP), including Purchase of Medical Care Manual
Special Assistance Manual
Special Needs Trusts, Information about providing for a disabled adult so as to maintain eligibility for government benefits.

Housing

Housing Rights of People Living With HIV/AIDS, a Primer, The Center for HIV Law & Policy

HIV and Immigration

HIV Ban Brochure: From Immigration Equality -- Information about the repeal of the HIV ban, which went into effect January 4, 2010
National Immigration Law Project, HIV Immigration Manual: Also available in pdf format
HIV and Immigrants: A Manual for AIDS Services Providers: San Francisco AIDS Foundation
National Immigration Law Center
Immigrants Legal Assistance Project: Free services for low income immigrants in North Carolina, part of N.C. Justice and Community Development Center.

Other Sites

North Carolina State Bar - Rules of Professional Conduct
North Carolina Administrative Office of the Courts - links to court forms, local courts, court schedules.
Small Claims Court, NC Magistrates Association. Information about Small Claims Court in North Carolina. Also see A Guide to Small Claims Court, prepared by Legal Aid of North Carolina
Glossary of Insurance Terminology: Term insurance? whole life? face value? If those terms confuse you, check out this glossary. Or another one
Vital Records: Links to resources for obtaining vital records from all 50 states.
North Carolina Department of Corrections Public Access: Search for North Carolina prison inmates
North Carolina Counties: Map and links to county data -- U.S. Census Bureau
Resources for searching public records: Search Systems: links to public records sources on the web; Wake County Board of Elections Voter Search; Durham County Voter Records ; for other counties, search Google by county, or try Statewide voter records (may not be as complete);N.C. Corporations Search - NC Secretary of State, Corporations;
Reverse phone look-up (to find a name and address from a phone number)

Other HIV/AIDS Law/Policy Sites

Center for HIV Law and Policy - National legal and policy resource bank and strategy center for advocates and leaders across the country addressing HIV discrimination
AIDS and Law Exchange (AIDSLEX) - This web portal is a tool for activists, community organizations, researchers, policy-makers, journalists, health workers and anyone who seeks quick and easy access to a wide range of resources about HIV, human rights and the law. Includes a document database, people connector, and discussion forum.
National Minority AIDS Council
AIDS Legal Council of Chicago . Includes some excellent legal guides; some are limited to Illinois law, but many cover federal law, which is applicable nationwide.
Kaiser Family Foundation -- HIV/AIDS information. Includes fascinating and informative 2009 Survey of Americans on HIV/AIDS,
AIDS Law of Louisiana . Some glitches in this site, but good information
Lambda Legal Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, the transgendered, and people with HIV or AIDS through impact litigation, education, and public policy work.
Whitman-Walker HIV/AIDS Legal Services. Project is located in Washington D.C.; links to useful resources
Temple Law School Center on Law, Policy, and Public Health: Information on a variety of public health issues, including access to sterile syringes, and the HIV Criminal Law and Policy Project(nationwide information about criminal laws related to exposure/transmission of HIV.HIV Criminal Law).

Referrals

Directory of Legal Resources for People with HIV/AIDS, American Bar Association, AIDS Coordination Project, Third Edition, 2001, updated June 2006.
Legal Referrals in North Carolina: Listing of organizations offering free legal assistance or advocacy
Legal Aid of North Carolina: Map showing offices of LANC, a statewide program offering basic legal services to low income clients through 25 field offices. Cases typically handled: landlord-tenant (evictions and substandard housing), public benefits, unemployment compensation, social security, domestic violence, consumer law. Legal Aid offices offer services through staff attorneys and volunteer lawyers.
Legal Aid of North Carolina - office phone by county
Immigrants Legal Assistance Project: Free services for low income immigrants in North Carolina, part of N.C. Justice and Community Development Center.
Employment-related referrals in North Carolina, National Interfaith Committee for Worker Justice
North Carolina Bar Associate Lawyer's Referral Service: For referral to a North Carolina Attorney. The Bar Association offers pamphlets online concerning a variety of legal topics, including HIV/AIDS

“The AIDS Legal Project does not provide legal advice over the internet. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation and jurisdiction. The information contained on this web site is not guaranteed to be up to date and cannot replace the advice of competent legal counsel licensed in your state.”