Obama Executive Order -- Mandatory HIV Testing For All Citizens

EXECUTIVE ORDER

ACCELERATING IMPROVEMENTS IN HIV PREVENTION AND CARE IN THE UNITED STATES
THROUGH THE HIV CARE CONTINUUM INITIATIVE
By the authority vested in me as President by the Constitution and the laws
of the United States of America, and in order to further strengthen the capacity
of the Federal Government to effectively respond to the ongoing domestic HIV
epidemic, it is hereby ordered as follows:
Section 1. Policy. Addressing the domestic HIV epidemic is a priority of my
Administration. In 2010, the White House released the first comprehensive
National HIV/AIDS Strategy (Strategy), setting quantitative goals for reducing
new HIV infections, improving health outcomes for people living with HIV, and
reducing HIV-related health disparities. The Strategy will continue to serve as
the blueprint for our national response to the domestic epidemic. It has
increased coordination, collaboration, and accountability across executive
departments and agencies (agencies) with regard to addressing the epidemic. It
has also focused our Nation’s collective efforts on increasing the use of
evidence-based approaches to prevention and care among populations and in
regions where HIV is most concentrated.
Since the release of the Strategy, additional scientific discoveries have
greatly enhanced our understanding of how to prevent and treat HIV. Accordingly,
further Federal action is appropriate in response to these new developments. For
example, a breakthrough research trial supported by the National Institutes of
Health showed that initiating HIV treatment when the immune system was
relatively healthy reduced HIV transmission by 96 percent. In addition, evidence
suggests that early treatment may reduce HIV-related complications. These
findings highlight the importance of prompt HIV diagnosis, and because of recent
advances in HIV testing technology, HIV can be detected sooner and more rapidly
than ever before.
Based on these and other data, recommendations for HIV testing and treatment
have changed. The U.S. Preventive Services Task Force now recommends that
clinicians screen all individuals ages 15 to 65 years for HIV, and the
Department of Health and Human Services Guidelines for Use of Antiretroviral
Agents now recommends offering treatment to all adolescents and adults diagnosed
with HIV.
Furthermore, ongoing implementation of the Affordable Care Act provides a
historic opportunity for Americans to access affordable, quality health care.
The Act is expanding access to recommended preventive services with no
out-of-pocket costs, including HIV testing, and, beginning in 2014,
insurance companies will not be able to deny coverage based on pre-existing
conditions, including HIV. Starting October 1, 2013, Americans can select the
coverage that best suits them through the new Health Insurance Marketplace, and
coverage will begin January 1, 2014.
Despite progress in combating HIV, important work remains. Since the
publication of the Strategy, data released by the Centers for Disease Control
and Prevention show that there are significant gaps along the HIV care continuum
— the sequential stages of care from being diagnosed to receiving optimal
treatment. Nearly one-fifth of the estimated 1.1 million people living with
HIV in the United States are undiagnosed; one-third are not linked to
medical care; nearly two-thirds are not engaged in ongoing care; and only
one-quarter have the virus effectively controlled, which is necessary to
maintain long-term health and reduce risk of transmission to others.
In light of these data, we must further clarify and focus our national
efforts to prevent and treat HIV infection. It is the policy of my
Administration that agencies implementing the Strategy prioritize addressing the
continuum of HIV care, including by accelerating efforts to increase HIV
testing, services, and treatment along the continuum. This acceleration will
enable us to meet the goals of the Strategy and move closer to an AIDS-free
generation.
Sec. 2. Establishment of the HIV Care Continuum Initiative. There is
established the HIV Care Continuum Initiative (Initiative), to be overseen by
the Director of the Office of National AIDS Policy. The Initiative will mobilize
and coordinate Federal efforts in response to recent advances regarding how to
prevent and treat HIV infection. The Initiative will support further integration
of HIV prevention and care efforts; promote expansion of successful HIV testing
and service delivery models; encourage innovative approaches to addressing
barriers to accessing testing and treatment; and ensure that Federal resources
are appropriately focused on implementing evidence-based interventions that
improve outcomes along the HIV care continuum.
Sec. 3. Establishment of the HIV Care Continuum Working Group. There is
established the HIV Care Continuum Working Group (Working Group) to support the
Initiative. The Working Group shall coordinate Federal efforts to improve
outcomes nationally across the HIV care continuum.
(a) Membership. The Working Group shall be co-chaired by the Director of the
Office of National AIDS Policy and the Secretary of Health and Human Services or
designee (Co-Chairs). In addition to the Co-Chairs, the Working Group shall
consist of representatives from:
(i) the Department of Justice;
(ii) the Department of Labor;
(iii) the Department of Health and Human Services;
(iv) the Department of Housing and Urban Development;
(v) the Department of Veterans Affairs;
(vi) the Office of Management and Budget; and
(vii) other agencies and offices, as designated by the Co-Chairs.
(b) Consultation. The Working Group shall consult with the Presidential
Advisory Council on HIV/AIDS, as appropriate.
(c) Functions. As part of the Initiative, the Working Group shall:
(i) request and review information from agencies describing efforts to
improve testing, care, and treatment outcomes, and determine if there is
appropriate emphasis on addressing the HIV care continuum in relation to other
work concerning the domestic epidemic;
(ii) review research on improving outcomes along the HIV care continuum;
(iii) obtain input from Federal grantees, affected communities, and other
stakeholders to inform strategies to improve outcomes along the HIV care
continuum;
(iv) identify potential impediments to improving outcomes along the HIV care
continuum, including for populations at greatest risk for HIV infection, based
on the efforts undertaken pursuant to paragraphs (i), (ii), and (iii) of this
subsection;
(v) identify opportunities to address issues identified pursuant to paragraph
(iv) of this subsection, and thereby improve outcomes along the HIV care
continuum;
(vi) recommend ways to integrate efforts to improve outcomes along the HIV
care continuum with other evidence-based strategies to combat HIV; and
(vii) specify how to better align and coordinate Federal efforts, both within
and across agencies, to improve outcomes along the HIV care continuum.
(d) Reporting.
(i) Within 180 days of the date of this order, the Working Group shall
provide recommendations to the President on actions that agencies can take to
improve outcomes along the HIV care continuum.
(ii) Thereafter, the Director of the Office of National AIDS Policy shall
include, as part of the annual report to the President pursuant to section 1(b)
of my memorandum of July 13, 2010 (Implementation of the National HIV/AIDS
Strategy), a report prepared by the Working Group on
Government-wide progress in implementing this order. This report shall
include a quantification of progress made in improving outcomes along the HIV
care continuum.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against
the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.

BARACK OBAMA
http://www.whitehouse.gov/the-press-office/2013/07/15/executive-order-hiv-care-continuum-initiative