{"title":"Stigmatized silence: the exclusion of HIV and AIDS sufferers from the \"Obamacare\" legal landscape.","authors":"Ashley N Southerland","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>The continued presence and growing rates of individuals infected with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) in the United States has come to reflect an epidemic of significant proportion. Unfortunately, federal legislation has been eerily silent regarding the establishment of protections against health status-based discrimination for asymptomatic HIV and AIDS sufferers. Congress has done little to change this reality, despite the institution of major healthcare system and insurance reform by the Obama Administration in 2010. This Note argues that \"Obamacare\" and the two laws that define it—the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010—fail to address asymptomatic HIV and AIDS infection as a significant source of health status-based insurance discrimination. As a result, these individuals continue to be ignored, subject to the ambiguities of \"disability\"- based legislation, and relegated to the status of a legally invisible class.</p>","PeriodicalId":39833,"journal":{"name":"Cornell Journal of Law and Public Policy","volume":"20 3","pages":"833-54"},"PeriodicalIF":0.0000,"publicationDate":"2011-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Cornell Journal of Law and Public Policy","FirstCategoryId":"1085","ListUrlMain":"","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
The continued presence and growing rates of individuals infected with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) in the United States has come to reflect an epidemic of significant proportion. Unfortunately, federal legislation has been eerily silent regarding the establishment of protections against health status-based discrimination for asymptomatic HIV and AIDS sufferers. Congress has done little to change this reality, despite the institution of major healthcare system and insurance reform by the Obama Administration in 2010. This Note argues that "Obamacare" and the two laws that define it—the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010—fail to address asymptomatic HIV and AIDS infection as a significant source of health status-based insurance discrimination. As a result, these individuals continue to be ignored, subject to the ambiguities of "disability"- based legislation, and relegated to the status of a legally invisible class.
期刊介绍：
Founded in 1991, the Cornell Journal of Law and Public Policy (JLPP) has quickly risen to become one of the leading public policy journals in the nation. A fixture among the top 10 policy journals, JLPP has consistently been among the top 100 student-edited law journals. JLPP publishes articles, student notes, essays, book reviews, and other scholarly works that examine the intersections of compelling public or social policy issues and the law. As a journal of law and policy, we are a publication that not only analyzes the law but also seeks to impact its development.
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