Published May, 2008

Comments on the Draft of the CDC Guide for Implementing HIV Testing in Correctional Facilities, The Center for HIV Law & Policy et al. (2008)

In response to a CDC request for comments, 35 organizations endorsed these comments submitted to CDC regarding its draft guidance for implementing HIV testing expansion in correctional settings. The Center for HIV Law and Policy, Lambda Legal, and the AIDS Foundation of Chicago drafted the comments following consultation with individuals familiar with the healthcare and HIV/AIDS-related needs of incarcerated populations. The primarily concerns addressed by the comments are: the failure to address the issue of informed consent; the lack of discussion of opt-in approaches for testing; the lack of specific recommendations appropriate for different populations and correctional settings; the need for clarification that correctional facilities have a court-recognized legal obligation to provide medical services to respond to the serious medical needs of inmates, including those with HIV; the need for discussion of the role of HIV testing as past of a broader HIV prevention and health care program; the need for a separate section on planning and implementation.