March 5, 2010 | The Biz

Exposing porn stars' HIV status

California Assembly Member Bonnie Lowenthal is proposing a major amendment to the State's Health and Safety Code, and it could mean big changes in the porn industry.

Currently the Code offers exceptions to the privacy provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) and allows certain individuals and government agencies, under very specific circumstances, to access an individual's HIV status. Lowenthal's proposal would expand this to "an agent or contractor of the state that, by contract with the state, is authorized to provide medical care and treatment to the subject of the test."

This means that any organization under contract with California that provides counseling and support for people with HIV/AIDS could receive notification of everyone's positive test results. Consent to receive this information would not be required. The performers real name, address and contact information would then, theoretically, be used for outreach.
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California Assembly Member Bonnie Lowenthal is proposing a major amendment to the State's Health and Safety Code, and it could mean big changes in the porn industry.

Currently the Code offers exceptions to the privacy provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) and allows certain individuals and government agencies, under very specific circumstances, to access an individual's HIV status. Lowenthal's proposal would expand this to "an agent or contractor of the state that, by contract with the state, is authorized to provide medical care and treatment to the subject of the test."

This means that any organization under contract with California that provides counseling and support for people with HIV/AIDS could receive notification of everyone's positive test results. Consent to receive this information would not be required. The performers real name, address and contact information would then, theoretically, be used for outreach.

AIDS Healthcare Foundation (AHF) president Michael Weinstein - who has been active in trying to force porn companies to use condoms during filming - has in the past accused Adult Industry Medical (AIM) Healthcare Foundation of illegally sharing performers' HIV/STD status with porn producers, a clear violation of current statutes. However, he supports the amendment that would possibly allow his organization to receive the same sensitive information, without consent.

"Michael Weinstein is confusing 'HIPAA' with 'hypocrite,'" AIM's Dr. Sharon Mitchell argued. "Am I wrong that in this bill, he wants everyone in the industry to have their HIV status disclosed automatically but he's saying that AIM is violating HIPAA laws by contacting performers' partners privately? That's the most hypocritical thing I've ever heard!"

The hope: to reduce the transmission of HIV and AIDS. The  problem: there is a clear breach of privacy.