AIDS Prevention Act of 1990

AIDS Prevention Act of 1990 - Title I: Preventive Health Services with Respect to Acquired Immune Deficiency Syndrome - Amends the Public Health Service Act to create a new title on preventive health services with respect to acquired immune deficiency syndrome (AIDS). Directs the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants to States for such services. Requires the funds to be used only for: (1) counseling; (2) testing, including testing for infection, testing regarding the extent of deficiency in the immune system, testing relating to preventing and treating deterioration of the immune system, and testing relating to preventing and treating conditions arising from the infection; and (3) providing therapeutic measures.

Requires information regarding the receipt of services to be confidential in a manner not inconsistent with applicable law.

Requires counseling and written informed consent prior to testing. Allows: (1) use of a pseudonym in signing a consent form; and (2) consent to be given orally when an individual is to undergo testing without providing any identifying information.

Requires counseling before testing and, for both individuals with negative and individuals with positive results, after testing. Requires that opportunities be made available for women, children, hemophiliacs, and emergency response employees to undergo counseling under conditions appropriate to their needs. Allows counseling without testing.

Requires that testing by grant recipients for infection be carried out in accordance with the requirements of this Act regarding confidentiality, informed consent, and counseling regardless of whether the testing is carried out with Federal funds.

Requires grant recipients who regularly provide treatment for sexually transmitted diseases, who regularly provide treatment for intravenous substance abuse, who are family planning clinics, or who provide treatment for tuberculosis to offer and encourage preventive health services to individuals to whom the recipient provides services.

Requires a State grant recipient to: (1) encourage individuals in the State receiving a transfusion of any blood product after January 1, 1977, to receive preventive health services; and (2) inform such individuals of public health facilities in the geographic area that provide such services.

Requires a State grant recipient to require that any entity carrying out such testing confidentially report to the State public health officer information sufficient to: (1) perform statistical and epidemiological analyses of the incidence of infection; (2) perform statistical and epidemiological analyses of the demographic characteristics of infected individuals; and (3) assess the adequacy of preventive health services. Requires a State grant recipient to require that the State public health officer, to the extent appropriate in the determination of the officer, carry out a program of contract tracing with respect to infection.

Requires that, to the extent permitted under State law, grant recipients offer substantial opportunities for an individual to undergo counseling and testing without giving any identifying information or using a pseudonym.

Prohibits requiring an individual to undergo testing unless the testing is medically indicated in the provision of the health services sought by an individual.

Prohibits a grant recipient from imposing a charge for preventive health services on any individual who is unable to pay the charge.

Authorizes appropriations.

Requires that counseling programs carried out under this Act: (1) not be designed to promote or encourage, directly, intravenous drug abuse or sexual activity, homosexual or heterosexual; (2) be designed to reduce exposure to and transmission of the etiologic agent for AIDS by providing accurate information; and (3) provide information on the health risks of promiscuous sexual activity and intravenous drug abuse.

Title II: Medicaid AIDS and HIV Amendments - Amends title XIX (Medicaid) of the Social Security Act to require that individuals who are not covered under specified other Social Security Act provisions, who have tested positive for infection with the HIV virus, and who meet other income and resource requirements be covered under Medicaid for specified HIV-related services. Adds such individuals to provisions relating to case management services.

Requires that State Medicaid plans provide, at the option of a State, for making medical assistance available for COBRA continuation coverage premiums for individuals who have tested positive for HIV infection and who meet other income and resource requirements.

Title III: Emergency Relief for Areas with Substantial Need for Services - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award emergency relief grants to any metropolitan statistical area (eligible area) as specified by the Secretary that has reported more than 2000 AIDS cases and that meets other requirements.

Requires that the grants be directed to the chief elected official of the city or county that administers the public health agency serving the greatest proportion of individuals with AIDS in the eligible area. Requires the administering local political subdivision (ALPS) to establish a mechanism to allocate funds and services based on the proportion of AIDS cases and the severity of need of the local political subdivisions.

Provides for the establishment of an HIV health services planning council, by each ALPS and its chief elected official, to develop a comprehensive plan for the delivery and organization of HIV services, establish fund allocation priorities, and assess fund allocation efficiency.

Provides, at specified times, that one-half of funds appropriated for the grants be used for regular grants and one-half be used for supplemental grants.

Allows a health care provider receiving assistance under these provisions to use the amounts to: (1) enhance the quality of services to low income individuals and families with HIV disease; (2) deliver outpatient and ambulatory care services, including case management, to such individuals and families, including comprehensive treatment and support services; (3) prevent unnecessary inpatient hospitalization; and (4) expedite the provision of services in the most medically appropriate level. Allows the grants to be used by the grantee to provide assistance to any public or nonprofit private clinic, sub-acute care facility, community health center, or ambulatory care facility that is providing services to a disproportionate share of low income individuals and families with HIV disease and is expending resources that exceed reimbursement.

Requires that agencies and institutions that will receive funds under these provisions be participants in an established HIV community-based continuum of care.

Authorizes appropriations.

Title IV: Emergency Response Employees - Directs the Secretary to make grants to States and their political subdivisions to assist in the implementation of Federal law mandating the dissemination of guidelines to emergency response employees (EREs) regarding reducing the risk in the workplace of becoming infected with the etiologic agent for AIDS and circumstances under which exposure may occur. Authorizes appropriations.

Requires a medical facility to notify the designated officer of the transporting EREs if the facility determines that a victim the EREs transported to the facility has an infectious disease. Requires a medical facility, upon request of a designated officer of EREs, to notify the designated officer if the facility makes a determination that a victim transported by EREs has an infectious disease. Applies notification requirements to both the facility receiving the victim and, if the victim dies, to the facility ascertaining the cause of death.

Sets forth notification procedures. States that the public health officer of each State will designate one official of each employer of EREs to make requests and receive notifications. Provides for notification of EREs and for requests from an ERE to a designated officer that the designated officer request notification from the medical facility.

Declares that the provisions in this Act regarding notification of EREs will not be construed to authorize or require: (1) a medical facility to test a victim of an emergency for any infectious disease; and (2) any medical facility, any designated officer, or any ERE to make disclosures with respect to the identity of a victim.

Provides for enforcement through civil money penalties, injunctions, and a civil cause of action by an aggrieved individual.

Title V: Health Care Services - Directs the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants for demonstration projects to provide comprehensive treatment services for individuals infected with the etiologic agent for AIDS. Authorizes appropriations.

Directs the Secretary, through the Administrator, to make grants to States to assist in purchasing and distributing certain AIDS-related drugs. Authorizes appropriations.

Title VI: Certain Definitions - Sets forth definitions for purposes of the new title of the Public Health Service Act, on preventive health services with respect to AIDS, as added by this Act.

Title VII: General Provisions - Mandates a study relating to the incidence of AIDS and infection with the etiologic agent for AIDS in rural areas, and the adequacy of related diagnostic and treatment services in such areas.