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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (May 1, 1987)
AIDS, insurance and you B Y __ B E N C & t O vrt 3S ytjMi oI te r» * ' to om netqrioon Rutomotive & Marine Services Inc. ” M E R R I L L IDS: The Legal Complexities of a National Crisis,” a seminar sponsored by the Association of the Bar of the City of New York and the Law Journal Seminar’s Press brought to gether, for the second consecutive year, governmental and private sector lawyers to discuss AIDS issues facing medical, legal, insurance, and governmental groups. Dr. Michael H. Grieco, Chief of the Division of Infectious Disease and Clini cal Immunology at St. Luke’s/Roosevelt Hospital Center in New York City, opened the seminar with an update on the epidemi ology and demographics of the disease, as well as the availability of treatments and the likelihood of a vaccine and a cure in the near future. After the medical background update, the seminar turned to a discussion of the legal obligations of medical personnel, the permissible scope of government regu lators under the so-called “ state police power” to quarantine and isolate, insur ance industry issues, employment discri mination, and special legal problems faced by persons with AIDS. Evidence presented during the two day seminar indicated that the major issue of 1987 is insurance. The insurance industry was represented by Russell P. luculano. Legislative Director, American Council of Life Insurance, and Rita M. Thiesen; Leboueuf, Lamd, Lieby, and MacRae, an insurance defense attorney. Ms. Theisen used an impressive array of statistics to try and dispel what she described as “ horror stories” about persons with AIDS losing their insurance. For example, concentrat ing on health insurance, Ms. Theisen pointed out that 51% of the working class is covered with medical insurance through their employers, and that 172 million Americans under 65 have health care coverage (95% is through group insur ance). Ms. Theisen also argued that claims filed through such group coverage are be ing paid. However, as Ms. Theisen did not say, claims are paid only as long as persons with AIDS continue to be employed. Once employment ceases, there is a period where group coverage continues for a short time, and then, of course, the ex employee must exercise a “ right of con version.” Although employees once covered by group insurance have a right to convert, policies usually are cancellable by the insurance company after a period of time, depending upon state regulation. The argument is made by the industry that certain classes of persons are already de nied insurance: Namely diabetics, those with generic congenital defects, high blood pressure and heart attack persons. They argue that persons with AIDS should be treated no differently. This hypothesis leads them to demand access to HIV test results and, even further, may lead to the requirement of testing before determining insurability. To date, the industry has been dealing A 7 Frank Warrens- Persons who test positive for the HIV antibody are becoming * uninsurahles and the insurance industry is quite upfront in acknowledging that such a class of people will not be able to get insurance. ‘ i l i PEOPLE’S only with persons with AIDS. However, luculano went on to note that under CDC definitions of AIDS, persons proving HIV positive, had to be looked at as both infected, and infectious. luculano further argued that the insurance companies need not wait for the manifestation of an op portunistic infection before finding that a person proved to be too high an insurable risk. Citing the statistic that the estates of most persons who die from AIDS make life insurance claims within three years of the issuance of policies, the industry argues that large-scale insurance fraud is being perpetrated by those applying for such policies. The industry argues that low risk persons will not continue to pay pre miums of an escalating cost due to high risk persons who make claims which are then paid. In effect, persons with HIV positive are becoming “ uninsurables” and the industry, while supporting pooling agree ments, is quite upfront in acknowledging that such a class of people will not be able to get insurance and will not be able to afford higher costs of pooled policy underwriting. luculano was even harsher in taking the position for the industry that “ AIDS should not be given favored status.” Until AIDS, luculano argued, the right by the industry to test was not questioned outside the industry. Again, citing CDC and NIH statistics, luculano made an impressive argument that the HIV test was an increasingly accu rate predictor of future development of health care problems in the identified populations. For example, the statistics in dicate that in late 1985 the Center for Dis ease Control said that 5-19% of persons testing HIV positive would go on to de velop frank AIDS. By October 29, 1986, the Institutes of Medicine made a bold statement that 50% of those so testing would go on to develop AIDS. In light of such compelling statistics, the battle is not to be waged on whether or not the statistics are flawed, but rather what role society should play, and whether or not insurabil ity is going to be a guarantee extended to a much larger population. Of all the other topics presented, the most interesting was whether or not high risk communities could look forward to any serious movement by governmental agencies to exercise police powers in the direction of isolation and quarantine. On this front, there was much more general consensus by all concerned that quarantin ing would eventually be ruled unconstitu tional if attempted and that isolation would simply not work given the long incubation periodsofthedisea.se. • O ur complete A N atural F ood S t o r i . automotive repairs & 3029 S.E. 21st Portland, Oregon 97202 (1 block north o f Powell Blvd.) Tri-Met bus #9 phone 232-9051 Open 10-8, Monday to Saturday 12-7, Sunday Service on ALL Domestics & Imports. 228-6607 50 NW 20th < @ > Approved Auto Repair Personalized Naturopathic Health Care Steven Bailey, N.D. Naturopathic Physician General Practice Nutrition Classical Homeopathy Women’s and Children’s Health Care Immune Support Programs Diagnostic and Laboratory Workups Vis M eflicatnx Naturae NORTHWEST. CASCADE NATUROPATHIC CLINIC NATUROPATHIC CLINIC 2606 N. W. Vaughn / Portland, OR 819 N. Killingsworth / Portland, OR (503) 224-8083 (503) 289-9914 A SEXUAL ENRICHM ENT WORKSHOP FOR GAY AND BISEXUAL MEN FOR MORf INFORMATION ♦ COP 503 223-5907 - CASCATI AIOS PWOjCCT » * -» * » R T A Just Out. 11 May. 1987 T ry > » v <