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HIV patients in the South face uphill battle

AIDS Alabama, Kathie Hiers, gay news, Washington Blade, HIV

AIDS Alabama CEO Kathie Hiers (Washington Blade photo by Michael Key)

BIRMINGHAM, Ala. — AIDS Alabama CEO Kathie Hiers will “never forget” the day in 1985 when she and her partner were at Denny’s in her hometown of Mobile, Ala., when six of her “best gay boyfriends walked in” and said they had all tested positive for HIV.

They had gone to nearby Pensacola, Fla., to get tested because Florida offered anonymous testing, unlike Alabama.

“I was like ‘Oh my God, what is happening,’” Hiers told the Washington Blade during a July 16 interview at her Birmingham office before traveling to the 2014 International AIDS Conference in Australia. “Today one of those six guys is still alive.”

More than three decades after the Centers for Disease Control and Prevention reported the first cases of what became known as AIDS, the epidemic continues to have a disproportionate impact on the South.

The CDC in 2010 noted nearly half of all new HIV infections in the U.S. were in the South, according to a policy report from the Southern AIDS Coalition. Eight of the 10 states with the highest rates of HIV — Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Texas and Tennessee — are in the region.

The CDC notes Florida, Louisiana, Mississippi and South Carolina are among the states with the highest rates of AIDS diagnoses.

Hiers said the statistics are slightly lower in Alabama because her organization has partnered with all of the state’s HIV/AIDS service organizations and works within all of its 67 counties.

“We’ve got a pretty cohesive network,” she said. “It’s very different than the other Southern states where you go to Atlanta and there’s a good bit, but you get outside Atlanta and there’s nothing. The same in Louisiana with New Orleans and so on.”

Hiers further noted the 1917 Clinic where a number of groundbreaking discoveries around HIV/AIDS have taken place is located at the University of Alabama-Birmingham.

“We’re always very connected to clinical trials and so on,” she said. “Those two things have helped Alabama.”

The Duke Center for Health Policy and Inequalities Research in 2011 noted Mississippi had the highest number of deaths from HIV of any state. Alabama, Florida, Georgia, Louisiana, North Carolina, South Carolina and Tennessee were among the top 10.

The U.S. Census also indicates that Mississippi is the poorest state in the country, with 22.3 percent of residents living below the poverty line between 2008-2012. Louisiana and Alabama have the second and fourth highest rates of poverty in the country respectively.

Statistics also indicate that people of color are more likely to live in poverty than whites.

“Part of what happens with people who are poor is they don’t go to the doctor,” Kathryn Garner, executive director of AIDS Service Coalition, an HIV/AIDS service organization in Hattiesburg, Miss., that serves people with the virus who live in 71 of the state’s 82 counties, told the Blade during a recent telephone interview. “If you don’t go to the doctor, you don’t know you’re HIV positive until you go to the doctor when you’re really sick and then you’re AIDS-defined.”

Charlotte “Dot” Norwood, gay news, Washington Blade, HIV

Charlotte “Dot” Norwood (Washington Blade photo by Michael Key)

Charlotte “Dot” Norwood, a prevention counselor at Open Arms Healthcare Center, an HIV/AIDS clinic in Jackson, Miss., that My Brother’s Keeper, an organization based in nearby Ridgeland, Miss., that seeks to reduce health disparities among minority groups, is known affectionately as the “AIDS Lady.”

She told the Blade during a July 11 interview at the clinic that patients with the virus are often unable to get a job.

“[They] go for an interview, don’t get hired and it could be for many reasons,” she said. “Sometimes I think it’s because you know maybe they go in and the person’s first perception… masculine, things like that.”

People with HIV/AIDS fall under the Americans with Disabilities Act. It also bans all public entities and private companies that employ more than 15 people from discriminating against their employees based on their status.

No Southern state bans anti-LGBT employment discrimination. Louisiana, Tennessee and Florida include sexual orientation in their anti-hate crimes statutes, but not gender identity and expression.

HIV, Carl Green, gay news, Washington Blade

Carl Green (Washington Blade photo by Michael Key)

Carl Green, a gay white man who has lived at Belle Reve, a residence in the Fraubourg Marigny neighborhood of New Orleans for people with HIV/AIDS since May, told the Blade during a July 14 interview that he lost his job when he told his then-manager he was living with HIV after several hospitalizations.

Green said he eventually lost his home and lived in his car until a bank repossessed it.

The New Orleans AIDS Task Force, an HIV/AIDS service organization that serves people with the virus in the Crescent City and throughout southeastern Louisiana, referred Green to Belle Reve.

“It was the universe saying you need to go back to square one and get your health together,” said Green.

Vicki Weeks, HIV, gay news, Washington Blade

Belle Reve Executive Director Vicki Weeks (Washington Blade photo by Michael Key)

People with HIV struggle to find housing, food

The Fair Housing Amendments Act of 1988 bans discrimination against people living with HIV/AIDS and other disabilities.

In spite of this federal law, a lack of housing remains an acute problem for low-income people with HIV/AIDS in the South.

Fifteen people currently live in two group homes in Belle Reve — including one called Belle Grace that Executive Director Vicki Weeks joked opened because of the “grace of God.” A third building — Belle Esprit — has four apartments for couples and families that can accommodate between seven to 10 people with children at any given time.

Belle Reve was able to renovate all three of its buildings several years ago after it received $1,189,000 in funds from Housing Opportunities for People with AIDS (HOPWA) from the New Orleans Office of Community Development, $300,000 from the U.S. Department of Housing and Urban Development, grants from the National AIDS Fund and other groups and money from the Qatari government.

“I’m happy until I can get on my own and start over again,” a Belle Reve resident of color who describes himself as “very-much gay,” but asked to remain anonymous told the Blade. He worked at Tulane Hospital in New Orleans for four years before he tested positive in May 2013. “I’m looking for another job, but I’ve been having a little problem with that because I guess I’m gay. They look at you and they judge you.”

Miss Eddie, a 58-year-old transgender woman who has lived with HIV since the 1980s, moved from the New Orleans suburb of Kenner to Belle Reve in late May after her former lover died.

“It’s a great blessing being here,” she told the Blade.

Thirty-two people with HIV/AIDS currently live at Grace House, a residence in Jackson, Miss.

AIDS Services Coalition runs two residences in Hattiesburg for people living with the virus.

Eight men live in 121 Haven House, a Victorian home built in the 1880s that serves as a transitional shelter. More than a dozen women with HIV and a family live in a second facility — 227 Place — with nine two-bedroom apartments.

AIDS Service Coalition last month bought a 16-unit apartment complex with four fourplexes.

Garner said they should be renovated by the end of the year.

“Our goal of course if someone’s able to work or able to function out in the world,” she told the Blade. “We do everything we can to get them away so they can be out in the world and do the things everything they want to do.”

The South Mississippi AIDS Task Force in Biloxi, Miss., operates a transitional housing facility for people with HIV/AIDS on the state’s Gulf Coast.

“Everyone we have in any of our shelters either have no income or have disability or a low-paying job,” said Garner. “It’s really difficult if you’re making $790 a month when a one-bedroom apartment in Hattiesburg is $550 to $600 a month. The math on that just doesn’t work and there’s not enough public housing and there’s not enough housing choice vouchers.”

AIDS Alabama has one of the largest housing programs of any HIV/AIDS service provider in the South with roughly 150 units throughout the state. The majority of these are in Birmingham, the state’s largest city.

AIDS Alabama also offers rental assistance to people living with HIV across the state through HOPWA.

“Even so we always have waiting lists,” Hiers told the Blade. “Housing is just a huge need for people with HIV.”

HIV/AIDS service providers with whom the Blade spoke in Mississippi and Alabama said access to transportation and even food can adversely affect the health of people living with the virus — especially those who live in rural areas.

Dr. Laura Beauchamps, an infectious disease practitioner at Open Arms, told the Blade as she prepared to administer pre-exposure prophylaxis (PrEP) that many people with HIV/AIDS who live in rural areas are simply unable to travel to Jackson “to get checked on a regular basis.”

“They just don’t take care of themselves and they keep on spreading [the virus,]” she said as Norwood listened. “It is just very sad to see. In other states it’s not the same because they have a better transportation situation or ways to get them to the clinics and continue [with their treatment.]”

Garner told the Blade one of her organization’s clients who lives in a shelter in Columbus, Miss., travels to the state capital, which is nearly two hours away, to receive health care and HIV treatments. AIDS Service Coalition also provides her with support network, even though its offices are a 4-hour drive away from where she currently lives.

“She calls once a month and we visit,” said Garner. “We do what we can do.”

Hiers said the majority of AIDS Alabama’s clients in the Birmingham metropolitan area do not own cars. The agency has three vans that “run full time” to bring clients to their appointments and other commitments, but Hiers said “it’s not enough.”

Hiers described the city’s public transportation system as “pitiful,” noting an AIDS Alabama client who takes a 5:30 a.m. bus from his home to get to his job at 9:30 a.m. was almost fired because he was late.

Up to 170 families each month receive food assistance from Open Arms.

Norwood noted the food pantry in the back of the clinic that her son helps stock with donations was “a little bare” because the next delivery had yet to arrive from a local food bank. She told the Blade she personally delivers food to her clients who are hungry and are unable to travel to the clinic.

“I’ll step out of pocket and go get them myself, or take food,” said Norwood. “Sometimes I have my people who haven’t ate in a few days and they’ll call one of my guys. And my guys will call me and say ‘hey Dot, honey can you help me Dot?’ Oh yeah, that’s not even to be asked.”

Lack of education, stigma spread virus

Timothy Thompson, HIV, gay news, Washington Blade

Timothy Thompson (Washington Blade photo by Michael Key)

Anti-HIV stigma also remains a serious problem for those living with the virus in the South.

Timothy Thompson, a peer educator with the New Orleans AIDS Task Force, told the Blade over dinner in the French Quarter on July 13 that many people who are disproportionately at risk for HIV in the city do not get tested because of the stigma attached to the virus.

“One of the biggest things is that there is the idea if I go and I test positive I’ll be alienized from my people, from my family or the people that I hang out with or things that I’m able to do I won’t be able to do anymore,” he said. “There is a level of truth to that because of the ongoing problems that are faced because of the ignorance that is around the disease itself.”

Thompson said people with HIV/AIDS with whom he has worked in New Orleans have told him that people did not want to have someone who is positive eat in their home because they think the virus spreads through saliva.

“They’re not aware of the different things that really transmit the disease as well as the different things that you can do to make sure that the people you are around that are affected about it still feel like they are normal human beings,” said Thompson. “You’re aware that this does not transmit this way and most people aren’t aware and they tend to offend people by their lack of education.”

The Blade heard similar stories from service providers and LGBT rights activists in Mississippi.

“We have folks — and this is 2014 — who are being asked in their family homes to eat off of paper plates,” said Garner.

Antwan Matthews, a gay man of color from Meridian, Miss., living with HIV, officially learned his status on April 24, 2013, the day before his 20th birthday.

He told the Blade during a July 11 interview at Open Arms where he will begin to receive care next month that his mother told him that his father, who is a Pentecostal minister, took out a life insurance policy on him after he found out he was positive.

“He’s almost gambling with my life,” said Matthews. “He’s just waiting for me to die or something.”

Matthews said his mother was initially supportive of him, but he said she pointed out his HIV status after they argued about his sister wanting to move out of the house once she had turned 18.

“She texts me and said ‘you wouldn’t listen, so look at you, you’re living with HIV now so you don’t have anything to say to me,’” said Matthews. “I was like OK. It kind of bothered me because you just don’t expect that to be said from your mom or your parents and stuff like that.”

The Belle Reve resident who asked to remain anonymous told the Blade he initially did not want to “introduce” his family in Lafayette, La., to “my HIV” because he thought they were not “going to accept it.”

“They did,” he said. “So I came here just to get myself together, for myself. So I came here and now they accept everything.”

Katrina disrupted HIV care, damaged facilities

Vicki Weeks, HIV, gay news, Washington Blade

Belle Reve Executive Director Vicki Weeks (Washington Blade photo by Michael Key)

Weeks said eight of 12 people who were living at Belle Reve when Hurricane Katrina approached New Orleans in 2005 could not evacuate on their own because they — or their relatives — did not have access to transportation.

She and three other Belle Reve staffers used private vehicles to evacuate their residents to a campground in Alexandria, La., a city roughly 200 miles northwest of New Orleans.

The trip that normally takes less than four hours took 16 hours because of massive traffic jams.

Weeks, her residents and staff spent nearly three weeks at the campground before an HIV/AIDS service organization in Anniston, Ala., offered them housing and a place to work.

They remained in Alabama for seven months before returning to New Orleans.

“The city did not have an evacuation plan for people with no vehicles, and that’s why so many people stayed,” said Weeks, who lives in the Gentilly Terrace neighborhood of New Orleans that Katrina inundated with six feet of water. “That’s why they had so many people here because there was no transportation out of this city other than your own vehicle or a vehicle of a relative. We tried to get our residents to go with relatives or with churches, but we still have eight out of 12 that had no way to get out of town.”

Katrina damaged the roof of AIDS Service Coalition’s shelter.

Garner told the Blade a man living with HIV from New Orleans approached her after she arrived to survey the damage and said he only had two days worth of his antiretrovirals.

“That story replicated itself,” she said. “Basically what we did for several months was triage.”

Garner added an additional problem that people living with HIV/AIDS from other states who fled to Mississippi after Katrina is the state’s Medicaid program offered less generous benefits than they had been accustomed.

“If they were getting psychotropic medicines or if they were getting pain medicines or fill in the blank, they came to Mississippi and that wasn’t covered,” she said.

Service providers criticize governors for not expanding Medicaid

 

Alabama State Capitol, HIV, gay news, Washington Blade

76 percent of those who are on the Alabama AIDS Drug Assistance Program would become eligible for Medicaid if Gov. Robert Bentley and the Republican-controlled Legislature expanded it, according to AIDS Alabama CEO Kathie Hiers. (Washington Blade photo by Michael Key)

A Gallup survey noted Texas had the highest rate of uninsured residents, with 27 percent of people without health insurance. Arkansas, Mississippi, Florida and Louisiana, Georgia and North Carolina were among the other states with the highest rates of uninsured residents.

Texas Gov. Rick Perry, Mississippi Gov. Phil Bryant, Florida Gov. Rick Scott, Louisiana Gov. Bobby Jindal, Georgia Gov. Nathan Deal and North Carolina Gov. Pat McCrory have all refused to expand their state’s Medicaid programs under the Affordable Care Act.

Hiers told the Blade the majority of the 13,000 Alabamians living with HIV are “extremely poor,” yet the state’s Medicaid program requires potential recipients to be disabled and have a monthly income of 13 percent of poverty level. She said this figure works out to around $111 a month.

Hiers added 76 percent of those who are on the Alabama AIDS Drug Assistance Program would become eligible for Medicaid if Gov. Robert Bentley and the Republican-controlled Legislature expanded it.

“I get so frustrated at our Southern states who need the health care the most not expanding Medicaid here,” said Hiers. “It’s just colossally stupid. We’re turning down billions and billions in health care for Alabamians and Southerners just because of the ideological differences between the parties. And I think that’s just wrong.”

Advocates and HIV/AIDS service providers with whom the Blade spoke in Mississippi, Louisiana and Alabama all said the vast majority of their funding comes from the federal government and private grants.

Eighty-five percent of AIDS Alabama’s annual budget of $7.9 million comes from federal sources, with HUD providing the majority of this money. The organization also receives financial support from the Ford Foundation, the Elton John Foundation, the Tide Foundation and other foundations.

HOPWA funds comprise 80 percent of Belle Reve’s $1 million annual budget.

“If we lose that there’s nothing else that we can do to keep the doors open,” Weeks told the Blade. “We have got to prepare for that.”

The Mississippi Department of Health runs a free STD clinic in Jackson where Beauchamps also works.

She told the Blade that she and her colleagues are able to find “a lot of people” there who are positive.

Beauchamps nevertheless stressed the state does not extend enough resources to her and other HIV/AIDS service providers to fight the epidemic.

“We need more grants,” said Beauchamps. “We need more support to do more testing and then to reach out in communities that don’t have a way to come all the way down to the metro area.”

Weeks criticized Louisiana lawmakers and Jindal for cutting state education and health care funding.

She noted the closest mental health clinic to Belle Reve is in Hammond, a city about an hour northwest of New Orleans, because Jindal closed the facility that had been in the Crescent City.

“All I can say is that we’re not happy with some of the issues or some of the things that our governor, Bobby Jindal, has done,” said Weeks. “We all get upset when he cuts funding for education or health care, but the state’s budget is in state law that they can’t touch any of this other stuff. That only leaves education and health care. So whoever set our government up did a very poor job.”

’I’m doing a 100 percent better’

Antwan Matthews, HIV, gay news, Washington Blade

Antwan Matthews (Washington Blade photo by Michael Key)

In spite of the steep challenges, people living with HIV/AIDS and those who support them remain optimistic.

Matthews has begun speaking with teenage boys about the virus. He is also fighting to include HIV/AIDS in school curricula.

“They need to be taught,” he told the Blade. “It’s just like anything else: English, history, math, anything else that they learn. They should learn about this.”

Green has once again began taking antiretrovirals after a three year lapse.

He also had surgery last month to remove a cancerous tumor from his rectum.

“I’m doing a 100 percent better,” said Green. “It’s like I’m getting back in touch with me and getting my priorities back together. I just don’t think I would have still been on this earth. I really don’t.”

07
Aug
2014

Study finds more gays lack health coverage

health insurance, gay news, Washington Blade

LGBT adults are more likely to lack health insurance coverage.

LOS ANGELES — LGBT adults are more likely than their straight counterparts to lack health insurance coverage (17.6 vs. 13.2 percent respectively), according to a Gallup study released this week by the UCLA School of Law and reported by the Windy City Times.

The study considered change in health care coverage in the last quarter of 2013 and second quarter of 2014, which roughly represent the periods before and after open enrollment associated with Affordable Care Act (ACA), known as Obamacare. Since the fourth quarter of 2013, the percentage of uninsured LGBT adults fell 4.4 percentage points, compared to a 3.5 point drop among non-LGBT Americans, researchers said in a press release.

The analyses are based on more than 6,000 interviews with LGBT adults (aged 18 and older) and more than 166,000 interviews with non-LGBT adults conducted from June 2013 to June 2014 as part of the Gallup-Healthways Well-Being Index survey, the press release said. These Gallup data represent the largest survey of health and well-being that allows for identification of LGBT respondents, the UCLA School of Law press release notes.

29
Aug
2014

Study finds LGBT health care improving

LGBT Health, gay news, Washington Blade, health care, improving

(Public domain image)

WASHINGTON — A new report finds that things are improving for LGBT people because of better access to health care, Benefitspro.com, a Summit Professional Network publication, reports.

Citing a new study called “Health and Access to Care and Coverage for LGBT Individuals in the U.S.” from the Kaiser Family Foundation, the site reports findings that say that while LGBT people still tend to have more physical and mental health challenges than their straight counterparts, their needs are being increasingly recognized and met.

Researchers evaluated data from the U.S. Census Bureau, various state agencies, the Institute of Medicine, the National Center for Transgender Equality, the Centers for Disease Control and more to issue the report. Recent factors such as the Affordable Care Act’s implementation and the Supreme Court’s DOMA ruling were also considered, the article said.

The report credits the Affordable Care Act and the rejection of DOMA with “reshaping the health care and coverage landscape for (LGBT) individuals and their families.”

15
Jan
2014

N.C. insurer drops gay, lesbian couples

CHARLOTTE, N.C. — Blue Cross and Blue Shield, the state’s biggest health insurer, has canceled family insurance policies it sold last month to gay and lesbian couples in North Carolina under the Affordable Care Act, the Charlotte News Observer reports.

Blue Cross, Blue Shield, health, gay news, Washington Blade, North Carolina

Blue Cross and Blue Shield canceled family insurance policies it sold last month to gay and lesbian couples in North Carolina.

The insurer canceled policies of 20 couples — some who were legally married in states that recognize gay marriage — and encouraged them to reapply for separate insurance policies as unmarried individuals. The couples received calls from Blue Cross in mid-January, several weeks after they purchased their family health insurance, and were told their family coverage was invalid, the article said.

Blue Cross’ strategy has stung same-sex couples and gay-rights advocates because the nonprofit insurer offers domestic partner benefits to its own employees. Blue Cross insurance plans offered by large companies in North Carolina also include health benefits for employees and their same-sex partner, the News Observer said.

The problem is traced to terminology in Blue Cross policies that define “spouse” as “opposite sex.” North Carolina insurance law does not prohibit selling coverage to gay couples, but Blue Cross was legally bound by the restrictive contract language in its individual plans, said Kerry Hall, spokeswoman for the N.C. Department of Insurance.

Blue Cross has vowed to update the language in 2015.

29
Jan
2014

Md. clarifies non-bias rules for trans patients

transgender, caduceus, medicare, gay news, Washington Blade, health, insurance

(Image public domain)

The Maryland Insurance Administration issued a bulletin on Jan. 27 indicating that insurance carriers cannot discriminate against transgender individuals in the state based on gender identity.  The purpose of the bulletin was to clarify the scope of the exclusion in the benchmark plan selected to define essential health benefits in Maryland as required by the Affordable Care Act for “treatment leading to or in connection with transsexualism, or sex changes or modifications, including but not limited to surgery.”

In other words, insurers cannot discriminate against transgender individuals under a health benefit plan on the basis of the insured’s actual or perceived gender identity for ordinary medical care but “the exclusion should be narrowly applied to items and services that are directly related to the gender reassignment process.”

The announcement was questioned by some members of the LGBT community on social media. “So this says that it is OK to discriminate against a transgender person if their medical need is transitioning,” wrote one woman who identified as trans on Facebook. “That doesn’t mean just surgery, which is relatively costly, but also allows discrimination regarding hormone therapy, which is the cost of scribbling a script and the cost of hormones, which in some cases is as little as five dollars at Walmart or CVS. All this really says is that they can’t discriminate against a transperson who has, say, high blood pressure or diabetes.”

Equality Maryland responded, “The bulletin is a first step in clarifying that transgender people in Maryland must have access to coverage and the medically necessary care they need. Further steps must be taken to ensure that Maryland law extends full and equal access for transgender people to coverage and care, including coverage for transition-related procedures and any other services that are covered for non-transgender people.”

07
Feb
2014

Time for a new employee manual

manual, gay news, Washington Blade

A review of existing employment manuals is especially important when there are significant changes in the laws governing the employer/employee relationship.

By JOHN J. MATTEO

The beginning of the New Year is always a good time for companies and employers to review their existing employee manuals or employment policies to insure they are compliant with current law and with their own practices.  An old adage states that the only thing worse than not having an employment manual or written policies is to have them but not follow them. This adage reflects the need to insure that your policies comport with your company’s actual practices and that such practices are consistent with applicable law.

A review of existing employment manuals is especially important when there are significant changes in the laws governing the employer/employee relationship, as we have seen in 2013. These include the Windsor decision issued by the Supreme Court that struck down the Defense of Marriage Act, the implementation of some portions of the Affordable Care Act (“ACA”), the push for mandatory sick leave by some jurisdictions, the IRS’s continued focus on properly classifying employees v. independent contractors, and the EEOC’s stated strategic goal of focusing on workplace discrimination. Any one of these issues would require a revision to most employer’s policies and manuals, but together they call for a complete revamping and review of the way policies are formed and enforced by most employers.

D.C. employers have been used to protecting gay employees from discrimination given the D.C. Human Rights Act; however, employers in Maryland and Virginia have not had a state law with the same level of protections, although Maryland has moved in that direction. Given the Windsor decision and subsequent IRS guidance, gay couples that are lawfully married in a state or jurisdiction recognizing such unions may avail themselves of the same rights as heterosexual couples when filing their tax returns. The effect on employers in the region (where two of the three major jurisdictions recognize gay marriage) is that they cannot deny certain benefits to gay employees who are legally married. Employers should be sure that these protections are clearly set forth in their employment manuals.

Much has and will continue to be written about the ACA as its provisions are implemented but employers – especially smaller employers/companies need to be prepared. The most important lesson at this juncture is that employers with fewer than 100 employees need to begin to prepare their workers for the changes that have now been delayed until 2015. This will include mandatory participation in the local health care exchanges, as well as mandatory minimum benefits that must be provided by almost all employers.

The Equal Employment Opportunity Commission (EEOC) has issued public statements that are clear — elimination of workplace discrimination will be one of the major focuses of the commission. Accordingly, employers need to be well trained on the EEOC standards so that business owners and managers can insure adherence to EEOC rules and regulations. These standards should also be well described in the company’s employment manual and procedures so that the company has guidance, employees know their rights and if a complaint is made both parties will know the process to follow.

Another important feature that should be clearly set forth in employment manuals or procedure policies given the EEOC’s stated goals, are the rights afforded to those seeking maternity, paternity and other family leave benefits. Depending on which local jurisdiction a company is situated in and how many employees are employed, the laws will differ. It is important for the employer to know these rules, to clearly state the company policy in the manual and most importantly to consistently apply them to all employees.

These are just a few highlights of provisions that employers should make sure are part of their employment manuals or policies and are some of the most important given recent EEOC statements. Other provisions that also should be clearly defined are policies related to full time/part time distinctions, Internet use and privacy, confidentiality, termination procedures and severance benefits.

In sum, the lessons are simple — employers should be educated by a professional on the myriad laws governing the employer/employee relationship and should seek out qualified advisers to assist them in drafting consistent policy manuals to avoid the risk of employment claims.

 

John J. Matteo is president and chair, Business & Employment Practice Groups, Jackson & Campbell, P.C.

This is part of a series of articles by Jackson & Campbell on legal issues of interest to the LBGT and greater business community.  Jackson & Campbell is a full service law firm based in Washington with offices in Maryland and Virginia. If you have any questions regarding this article, contact John J. Matteo at 202-457-1678 or jmatteo@jackscamp.com. If you have any questions regarding our firm, please contact Don Uttrich, who chairs our Diversity Committee, at 202-457-4266 or duttrich@jackscamp.com.

28
Feb
2014

HHS backs gay couples, HIV/AIDS patients

Barack Obama, Global AIDS, gay news, Washington Blade

Married gay couples will be eligible for a family health policy under President Obama’s health care reform law. (Washington Blade file photo by Lee Whitman)

WASHINGTON — Married gay couples will be eligible for a family health policy under President Obama’s health care reform law, beginning in 2015, the U.S. government said on March 14, Reuters and other media outlets reported. Insurers were encouraged to begin offering coverage this year, the article said.

HHS exercised federal authority to prevent discriminatory insurance market practices on an issue that has been caught up in state marriage laws.

The move follows a February lawsuit filed by an Ohio gay couple that was unable to obtain family coverage under Obamacare, they said, because their state does not recognize same-sex marriage, Reuters said.

“If an insurance company offers coverage to opposite-sex spouses, it cannot choose to deny that coverage to same-sex spouses,” Dr. Matthew Heinz, who heads HHS outreach to LGBT communities, said in a posting to a government website.

The HHS also said insurers cannot turn down HIV/AIDS patients whose premiums are being paid through the federal Ryan White program, the AP reports.

19
Mar
2014

Only 8% of Republicans say contraceptive use is “morally unacceptable”

PEW found Republicans and Democrats both oppose adultery, while GOP opposed being gay by only a slight majority.

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16
Apr
2014

Lawsuit claims trans woman denied hormone therapy

hormone therapy, gay news, Washington Blade, doctor

According to the suit, Naya Taylor requested hormone replacement therapy as part of her medically necessary, transition-related health care to treat her gender dysphoria but was refused by her primary care physician.

URBANA, Ill. — Lambda Legal last week filed a lawsuit claiming that an Illinois health care services group denied medical care to a transgender woman who requested hormone replacement therapy, LGBTQ Nation reports.

The lawsuit, filed April 15, alleges a violation of the Affordable Care Act’s non-discrimination provisions that require clinics receiving federal funds treat trans patients the same as others, the article said.

According to the suit, Naya Taylor requested hormone replacement therapy as part of her medically necessary, transition-related health care to treat her gender dysphoria but was refused by her primary care physician, the article said.

Taylor asserts that her doctor first claimed she was not experienced in providing hormones to transgender people even though hormone therapy is regularly provided to non-transgender patients in a variety of settings every day. Later the clinic told Taylor that it “does not have to treat people like you.”

“When they said, ‘we don’t have to treat people like you,’ I felt like the smallest, most insignificant person in the world,” Taylor told LGBTQ Nation. “The doctor and office provide hormone replacement therapy for others at the same clinic, they just refused to do that for me.”

24
Apr
2014

Ryan White’s mother, others urge Congress to continue AIDS programs

Jeanne White-Ginder, Ryan White, gay news, Washington Blade

Jeanne White-Ginder (Washington Blade photo by Michael Key)

Jeanne White-Ginder, the mother of Ryan White, the Indiana teenager who became an internationally recognized advocate for people with AIDS until his death in 1990, urged Congress this week to continue funding the AIDS program that bears her son’s name.

At a news conference at the National Press Club on Wednesday, White-Ginder joined leaders of the AIDS Institute, a national AIDS advocacy organization, in calling on Congress to approve a $2.3 billion funding package proposed by President Obama for the Ryan White CARE Act program for fiscal year 2015.

“When Ryan was a teenager living with AIDS in the early 1990s there was little the medical community could offer him, but we tried all we could,” White-Ginder said. “Today, with proper treatment, thanks to antiretroviral medications, people living with HIV can live relatively healthy lives if they are first tested and linked to and retained in care,” she said.

“I’m in Washington to urge members of Congress to fully fund the Ryan White HIV/AIDS program so the more than half a million people currently being helped by the program continue to receive life-saving care and the ones who are not can take advantage of AIDS treatment,” White-Ginder told the news conference.

Michael Ruppal, executive director of the AIDS Institute, and Carl Schmid, the group’s deputy executive director, said the healthcare reform program proposed by Obama and passed by Congress known as the Affordable Care Act has provided private insurance coverage for many people previously enrolled in various Ryan White programs.

But the two said gaps remain in health coverage for low-income people with HIV/AIDS under the Affordable Care Act. They said the Ryan White programs – especially the prescription drug program known as ADAP – are critical components to the overall care needed for at least 550,000 people currently enrolled in Ryan White programs.

Schmid said the Ryan White program, among other things, is helping low-income people who obtain private insurance plans under the Affordable Care Act pay for something that healthcare reform advocates initially didn’t expect from the so-called Obamacare program – high co-payments for prescription drugs and high deductible costs for medical treatment such as doctor visits.

White-Ginder and representatives of the AIDS Institute were scheduled to visit members of the House of Representatives on Wednesday afternoon to urge them to push for passage of the Ryan White appropriations package that the Senate passed earlier this year.

Among the lawmakers with whom they were expected to meet were House Minority Leader Nancy Pelosi (D-Calif.), House Energy and Commerce Committee Chair Fred Upton (R-Mich.), the committee’s ranking minority member Henry Waxman (D-Calif.), and Reps. Rosa DeLauro (D-Conn.) and Barbara Lee (D-Calif.), who are members of the House Appropriations Subcommittee on Health.

“For almost 25 years, the program has helped save countless lives,” White-Ginder said at the news conference. “I am here for Ryan to remind our leaders that we cannot forget him or the 650,000 others who have died of AIDS and the over 1.1 million people currently living with HIV in the U.S.”

Added White-Ginder, “It is my hope that during my visit to Capitol Hill, they will listen to the story of a mother and her son and the hope that people with HIV have today if they have access to the medical care, medications and other services that are offered through the Ryan White HIV/AIDS Program.”

Carl Schmid, Ryan White, AIDS Institute, gay news, Washington Blade

Carl Schmid, the AIDS Institute’s deputy executive director, said gaps remain in health coverage for low-income people with HIV/AIDS under the Affordable Care Act. (Washington Blade file photo by Michael Key)

30
Jul
2014