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40. Is HIV testing ever mandatory?

In New York State, HIV testing is generally voluntary and cannot be done without the written, informed consent of the person being tested. However, testing is mandatory in New York State under certain circumstances:

• As of February 1997, all newborns in New York State are tested for HIV antibodies. A newborn’s test result also provides information about the mother’s HIV status (see question 42).

Blood and organ donations are tested for HIV (see question 30).

HIV testing can be required in order to participate in some federal programs,

such as the Job Corps and the Armed Forces.

• Under certain conditions, inmates in federal prisons (but not in state or local correctional facilities) are tested for HIV without their consent.

• HIV testing can be required for certain types of insurance, like disability or

life insurance. However, insurance companies must tell applicants they will be tested for HIV, must provide them with general information, and must have the applicant sign a consent form. In New York State, people cannot be denied health insurance because they have HIV or AIDS.

New HIV/AIDS drug treatments have lowered the number of AIDS-related deaths in the United States.

If you are HIV positive and pregnant, there are medicines you can take that can greatly decrease the chances of your baby having HIV.