on the HIV Law Project's request for a preliminary injunction against the state has not yet been issued, as of July 1998 New York remained the only state to mandatorily test newborns for HIV and notify the mother of the results. According to data released by the state health department, in the first 11 months of the newborn testing program (February through December 1997), 957 HIV-positive infants were identified out of 236,663 tested. These 957 infants were born to 923 HIV-positive mothers, of whom 96 (10.4%) had not known their HIV status prior to delivery.3 Seventy-seven cases were referred back to the state health department for follow-up when the hospitals or physicians were unable to locate the mothers or persuade them to return for follow-up care. Using AIDS Institute staff in New York City and communicable disease specialists in upstate New York, the state was able to directly locate and notify 68 of the 77 mothers; 5 mothers had moved out of state, and 4 were lost to follow-up.

References

American Healthline. Stateline—New York: Mothers Will Know Babies' HIV Test Results. October 10, 1995. [www document] URL http://cloakroom.com/pubs/healthline.

American Healthline. Politics & policy—Ryan White Act: Includes Mandatory Newborn HIV Testing, May 1, 1996. [www document] URL http://cloakroom.com/pubs/healthline.

American Healthline. Politics & Policy—Ryan White Act: House Passes Reauthorization Bill. May 2, 1996. [www document] URL http://cloakroom.com/pubs/healthline.

American Healthline. Stateline—New York: Pataki Signs Newborn HIV Testing Law, June 27, 1996. [www document] URL http://cloakroom.com/pubs/healthline.

American Healthline. Stateline—New York: Pataki and Legislators Agree on HIV Testing Law. June 6, 1996. [www document] URL http://cloakroom.com/pubs/healthline.

Avery GB. Editorial: Out of the vortex—neonatologists' treatment decisions for newborns at risk for HIV. AJPH 85(11):1484–1485, 1995.


Baby Girl Doe v. Pataki, Index No. 95-106661 (SupCt NY County, filed July 18, 1997).

Bayer R. Perinatal transmission of HIV infection: The ethics of prevention. In: Gostin LO, ed. AIDS and the Health Care System. New Haven: Yale University Press, 1990.

Bayer R. AIDS and the future of reproductive freedom. In: Nelkin D, Willis D, Parris S, eds. A Disease of Society. Cambridge, England: Cambridge University Press, 1991.

Bayer R. Private Acts, Social Consequences. New Brunswick, NJ: Rutgers University Press, 1991.

Bayer R. Public health policy and the AIDS epidemic: An end to exceptionalism? NEJM 324:1500–1504, 1991.

Bayer R. Women's rights, babies' interests: Ethics, politics, and science in the debate of newborn HIV screening. In: Minkoff HL, DeHovitz JA, Duerr A, eds. HIV Infection in Women. New York: Raven Press, 1995.

Bayer R. Rethinking the testing of babies and pregnant women for HIV infection. Journal of Clinical Ethics 7(1):85–87, 1996.

3  

Since the conversion of the infant's HIV status is unknown, one can only estimate the actual numbers of babies who will seroconvert to HIV positivity. Given a range of 10%–25% who might seroconvert, the number of HIV-positive babies ranges from 96 to 239; similarly, the number of HIV-positive infants whose mothers learned their status as a result of the mandatory testing program could range from 10 to 24 in the 11-month reporting period.



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