NCJ Number
116554
Date Published
1988
Length
200 pages
Annotation
This legal practice manual provides information on the physical, emotional, and legal problems facing persons with AIDS or AIDS-related complex (ARC) and the threats to the constitutional rights and civil liberties.
Abstract
Following a review of the psychosocial concerns of clients with AIDS or ARC, medical aspects of AIDS-related litigation are discussed, including those relating to proof, testing, and public health. Preparations for illness, incapacity, and death due to AIDS are outlined in the areas of health and financial and estate planning, obtaining Federal and State benefits (e.g., Social Security Disability Insurance, food stamps, unemployment benefits, welfare), conservatorship, powers of attorneys, wills and trusts. Legislation and caselaw relating to employment and housing discrimination are examined; and criminal law and procedure issues related to AIDS are reviewed. AIDS in prisons and jails is considered with respect to inmates' rights in the areas of antibody testing, conditions of confinement, medical care, and early release. Insurance problems facing persons with AIDS and healthy gay men are elucidated and continuing health insurance provisions under the Consolidated Omnibus Budget Reconciliation Act are explained. Federal, State, and City laws regarding the right to nursing home care also are discussed. Additional issues considered relate to child custody, military policy, noncitizens, taxes, and suicide. Appendixes include a resource list, an overview of AIDS-related testing, and a survey of AIDS and handicap discrimination in the 50 States and the District of Columbia. Chapter footnotes, figures, references, and appendixes.