SHERMAN OAKS, Calif.—In the wake of its confirmation yesterday of an adult industry performer testing positive for HIV, AIM Healthcare Foundation has issued a public statement proclaiming that it is following all applicable laws in regards to disclosing sensitive health information to the public.
Below is the full text of AIM’s statement, written by attorneys Jeffrey J. Douglas and Karen Tynan:
Earlier this year, the State attempted to violate Federal HIPAA and related privacy laws by demanding personal, identifying information from a patient who tested positive for HIV in June 2009. The California judiciary, specifically Judge Winifred Smith of Alameda County, rejected those lawless efforts and issued a preliminary injunction last summer. Through the press, the State is making the same unlawful demands again, while knowing that the State is under a binding injunction barring it from demanding access to those kinds of records.
The inflammatory comments from private entities, primarily interested in self-promotion, are based upon ignorance and fear-mongering. At this time, it is impossible to know if the patient acquired the HIV virus from private conduct or on-camera activity. The industry is behaving responsibly and cautiously, as it always has, by placing a moratorium on filming any person one or two generations removed from sexual contact with the current patient. Upon completion of testing that cohort, in about 10 days or two weeks, as well as highly sophisticated analyses of the genetic components of the infection, the nature of the exposure will be determined. The current round of crudely defamatory and baseless criticism is unrelated to genuine concerns about the patient’s well-being or the health and welfare of the community.
AIM has always encouraged safe sex practices in adult productions and continues to provide free condoms to the industry. The health and welfare of the target population and the larger community is the mission of AIM. Acquiring grants and expanding public funding for self-promotion activities is not.
