CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) [120800. - 120871.]

Cal. Health and Safety Code - HSC 2.

in effect

Cal. Health and Safety Code - HSC § 120800. Section 120800.

The intent of the Legislature in enacting this chapter is as follows: (a) To fund specified pilot AIDS education programs. (b) To fund pilot projects to demonstrate the value of noninstitutional health care services such as hospice, home health, and attendant care in controlling costs and providing humane care to people with AIDS and AIDS-related conditions. (c) To fund clinical research. (d) To fund the development of an AIDS Mental Health Project. (e) To fund specified needs assessments, studies, and program evaluations. (f) To authorize the use of funds appropriated by Section 6 of Chapter 23 of the Statutes of 1985 for preventive education for individuals who are seropositive as a result of antibody testing. (g) To promote broad-based support for AIDS programs by encouraging community level networking and coordination of efforts among private sector, nonprofit, and public service agencies as well as health care professionals and providers of essential services. (h) To promote an aggressive community-based HIV infection prevention program in all communities and areas where behaviors and prevalence indicate high risk of HIV infection, and to encourage local programs to involve racial and ethnic minorities in a leading role to plan the development, implementation, and evaluation of preventive education, HIV testing, delivery of care, and research activities that are necessary to the formation of a comprehensive, community-based, culturally sensitive HIV infection prevention strategy. (i) To promote education of health care practitioners concerning new clinical manifestations of HIV, particularly among women and children.

Cal. Health and Safety Code - HSC § 120805. Section 120805.

(a) The department shall: (1) Additionally, use funds appropriated by Section 6 of Chapter 23 of the Statutes of 1985 for purposes of making reimbursements to counties pursuant to Section 120895, for preventive education for individuals who are seropositive as a result of antibody testing. (2) Issue contracts to evaluate the effectiveness of the AIDS information and education program conducted by the department. (3) Issue contracts for development and implementation of pilot programs of professional education and training for hospital, home health agency, and attendant care workers. (4) Issue contracts for the development and implementation of pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users with AIDS or AIDS-related conditions. (5) Monitor state and federal AIDS-related budget and policy development, and coordinate budget items to ensure that funding for matters related to AIDS is adequate and complete within the department each fiscal year. (6) Develop and maintain an information clearinghouse within the department including periodic updates or releases to inform health professionals or community organizations providing services to people with AIDS or AIDS-related conditions of the status of current or new clinical drug trials. These updates shall be compiled through review of scientific journals and in conjunction with the UC AIDS Task Force and researchers conducting clinical drug trials in California. (7) Review, edit, and input summaries from scientific journals into the Computerized AIDS Information Network (CAIN), and do outreach about CAIN availability to health professionals. (8) Develop and conduct a needs assessment of the availability of supportive services for people with AIDS or AIDS-related conditions. The needs assessment shall be conducted in conjunction with the state’s AIDS education contractors and with any public or private agencies providing services to people with AIDS or AIDS-related conditions. (9) Promote information and education programs for the general public to correct misinformation about AIDS. This shall include, but need not be limited to, periodic press releases to the printed and broadcast media and public service announcements. (10) Establish, with the assistance of other state agencies as the department deems appropriate, centralized translation services to facilitate development of multilanguage, culturally relevant educational materials on HIV infection. (11) Include, to the extent feasible, in its HIV surveillance and reporting practices, a breakdown of the major Asian-Pacific Islander subgroup populations. This breakdown shall be reflected in the surveillance and morbidity statistics issued by the director pursuant to Section 120825. (12) Include, to the extent feasible with existing resources, in its HIV surveillance and reporting practices, information concerning newly identified clinical manifestations of HIV infection and available resources for health care practitioners to seek diagnostic and treatment information. (b) The director shall contract for a prospective two-year study to accomplish the following objectives: (1) Determine the medical costs of AIDS, comparing inpatient care, outpatient care, physician services, and community support services. (2) The study shall include cost factors in the review of inpatient costs that may not be apparent in the analysis of charges, such as private rooms and social work. (c) Notwithstanding Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, if the director determines that it is in the best interest of the state to enter into a contract for the purposes specified below without competitive bids, then the state director may, during the 1985–86 fiscal year, enter into a sole source contract for all of the following: (1) Educational program evaluation. (2) Education of hospital, home health agency, and attendant care workers. (3) Drug education and treatment programs. (4) The cost-of-care study.

Cal. Health and Safety Code - HSC § 120815. Section 120815.

(a) The department may provide supplemental funding to residential AIDS shelters in accordance with Section 120810, as long as that section is operative, and to residential care facilities for persons with a chronic, life-threatening illness, that are licensed in accordance with Chapter 3.01 (commencing with Section 1568.01) of Division 2. (b) A residential AIDS shelter that receives a supplemental grant and subsequently is licensed as a residential care facility for persons with a chronic, life-threatening illness prior to the end of the grant period shall be entitled to the full amount of the supplemental grant.

Cal. Health and Safety Code - HSC § 120820. Section 120820.

(a) Personal data in any investigations, reports, and information relating thereto shall be kept confidential and be afforded protections provided by Section 100330, except as provided by Section 1603.1 or 1603.3. (b) If patient-identifying information is subpoenaed from the department, the department shall seek and the court shall issue a protective order keeping this information confidential. The court order may require production, but limit the use and disclosure of, records, require production with names and identifying information deleted, provide sanctions for misuse of records or set forth other methods for assuring confidentiality.

Cal. Health and Safety Code - HSC § 120825. Section 120825.

The director shall: (a) Be prepared to report to the Legislature on the amounts and recipients of contracts or block grant awards, and needs assessments conducted by the department. (b) Issue once each month a public information release to the state contractors, local health departments, medical societies or organizations, nursing associations, hospital and hospital administrator associations, blood banks or centers, hemophilia associations and treatment centers, lesbian and gay health organizations, media outlets or community organizations, and other interested organizations or individuals, and the news media identifying research breakthroughs, new treatment protocols, infection control updates, surveillance and morbidity statistics, and other current and up-to-date information regarding AIDS education, treatment, or patient service programs.

Cal. Health and Safety Code - HSC § 120830. Section 120830.

(a) Pilot projects to demonstrate the cost effectiveness of home health, attendant, or hospice care shall be initiated through a block grant program, as described in this section. (b) The state director shall designate the contractors and the amounts that contractors will receive for the block grant direct service demonstration projects. (c) An amount of not more than 10 percent of the grant may be retained by contractors for administrative overhead. Contractors accepting block grant funds shall compile comparative cost data reports for transmission to the department and the Legislature. Reports shall be made semiannually until the conclusion of the project. (d) Contractors receiving direct service block grants shall: (1) Encourage broad-based community involvement and support for AIDS programs and involve charitable, other nonprofit, and other agencies as well as health care professionals as providers of essential services. (2) Ensure the proposed services are not duplicated in the community and are based on the needs of people with AIDS or AIDS-related conditions, at-risk communities, their families, or others affected by AIDS. (3) Make maximum use of other federal, state, and local funds and programs. (4) Provide services that are culturally and linguistically appropriate to the population served. (e) Counties with existing programs of demonstrated effectiveness in AIDS education or services shall receive equal consideration with other applicants and shall not be penalized when awarding funds pursuant to this chapter with respect to the proposed expansion of their programs. (f) Contractors shall develop a comprehensive service system including, but not limited to, the following essential services, that can be provided either directly by the contractors or indirectly through a referral network arranged by the contractor: (1) Provision for hospice, skilled nursing facility, home health care, and homemaker chore services. (2) Individual consultation and health planning and assessment. (3) Information for people with AIDS or AIDS-related conditions regarding death and dying. (4) Evaluation and referral services for medical care. (5) Referral services for mental health services, as appropriate. (6) Assistance in applying for financial aid or social services that are available and for which clients qualify. The system of essential services developed by a contractor shall offer maximum opportunity for involvement of family, friends, and domestic partners and of nonprofit and charitable organizations in preventing the severe, adverse health and social consequences that result from being diagnosed with AIDS or AIDS-related conditions. (g) The direct service program for provision of essential services shall ensure both of the following: (1) An ongoing quality assurance program. (2) Confidentiality assurances and methods for developing interagency confidentiality agreements.

Cal. Health and Safety Code - HSC § 120835. Section 120835.

(a) The department shall amend the home health, hospice, and attendant care pilot projects funded pursuant to this chapter, to include, to the extent that it is cost-effective to the Medi-Cal program or the General Fund, the payment of private health insurance premiums for participants in the pilot projects prior to the participants becoming eligible for Medi-Cal. (b) The director shall make a determination of cost-effectiveness, that shall be reviewed by the Department of Finance. The director may use existing budgeted resources for services provided for pursuant to subdivision (a).

Cal. Health and Safety Code - HSC § 120840. Section 120840.

The State Department of Health Care Services shall establish an AIDS mental health project, as described in this section. (a) The program should include, but need not be limited to, the following: (1) The conduct of a statewide needs assessment of AIDS-related mental health issues. (2) The conduct of education and training for mental health professionals throughout the state. (3) The conduct, through the Office of Promotion, of a media campaign on such issues as the use of support groups, the relationship between stress and the immune system, and dealing with grief. (b) The State Department of Health Care Services shall coordinate projects and resources directly with the department. (c) The Director of Health Care Services may appoint advisory groups for this project as needed. (d) Notwithstanding any provision of Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code, if the Director of Health Care Services determines that it is in the best interest of the state to enter into a contract for the purposes specified in this section without competitive bids, then the director may, during the 1985–86 fiscal year, enter into a sole source contract for these purposes.

Cal. Health and Safety Code - HSC § 120845. Section 120845.

Pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users, as described in paragraph (4) of subdivision (a) of Section 120805, shall be initiated through local agency operated AIDS-related substance abuser programs. (a) The director shall designate the local agency contractors and the amounts that these contractors will receive for the AIDS-related substance abuser demonstration programs. (b) The contractors shall develop a comprehensive service system including, but not limited to, the following essential services, that can be provided either directly by the contractors or through a referral network arranged by the contractors: (1) Residential detoxification programs for intravenous drug users. (2) Outpatient detoxification programs including health promotion and health assessment for intravenous drug users. (3) AIDS and substance abuse information, consultation and resource referral to providers of services to AIDS patients and to drug treatment providers. (4) Outreach, health promotion, health assessment, consultation and referrals for homeless youth substance abusers.

Cal. Health and Safety Code - HSC § 120846. Section 120846.

(a) It is the intent of the Legislature to increase the capacity of HIV test sites to screen more individuals by streamlining test site services. (b) Publicly funded HIV test sites shall be permitted to do all of the following: (1) Advise a person who has been tested before and is following appropriate public health risk reduction measures that the person does not need to receive further education services. This paragraph shall not apply to a person who engages in high-risk behaviors and is not following appropriate risk reduction measures. (2) Determine whether a person should be allowed to self-administer any data collection form required by the department. (3) As appropriate, provide prevention education through video, small group, individual interaction, or other methods and in small groups or couples.

Cal. Health and Safety Code - HSC § 120850. Section 120850.

The amount of two million three hundred thousand dollars ($2,300,000), appropriated pursuant to Section 2 of Chapter 767 of the Statutes of 1985, shall be allocated to the University of California for research into AIDS. When expending these funds, the university shall solicit and consider proposals from within the University of California system and from universities and colleges outside the University of California system as well. In the expenditure of these funds, it is the preference of the Legislature that priority be given to viral cultures, clinical trials, and the administrative and laboratory support services necessary to conduct the trials.

Cal. Health and Safety Code - HSC § 120855. Section 120855.

(a) The department may use funds appropriated to it to pay the costs, including reimbursements to contractors for administrative costs, of providing home and community-based services to eligible persons with a diagnosis of acquired immune deficiency syndrome (AIDS) or AIDS related conditions (ARC) when the funds are appropriated for that purpose. (b) To the extent that federal financial participation is available, each department within the Health and Welfare Agency, including departments designated as single state agencies for public social services programs, shall waive regulations and general policies and make resources available when necessary for the provision of home and community-based care services to eligible persons with a diagnosis of AIDS or ARC.

Cal. Health and Safety Code - HSC § 120860. Section 120860.

(a) The department shall, in coordination with the State Department of Health Care Services, develop a plan that assesses the need for, a program of acquired immune deficiency syndrome (AIDS) primary prevention, health education, testing, and counseling, specifically designed for women and children, that shall be integrated, as the department deems appropriate, into the following programs: (1) The California Childrens Services Program provided for pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106. (2) Programs under the Maternal and Child Health Branch of the department. (3) The Child Health Disability Prevention Program provided for pursuant to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106. (4) The Genetic Disease Program, provided for pursuant to Sections 125000 and 125005. (5) The Family Planning Programs, provided for pursuant to Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code. (6) The Rural and Community Health Clinics Program. (7) The County Health Services Program, provided for pursuant to Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare and Institutions Code. (8) The Sexually Transmitted Disease Program. (9) Substance use disorder programs administered by the State Department of Health Care Services. (b) The AIDS-related services that shall be addressed in the plan specified in this section shall include, but not be limited to, all of the following: (1) A variety of educational materials that are appropriate to the cultural background and educational level of the program clientele. (2) The availability of confidential HIV antibody testing and counseling either onsite or by referral. (c) Pursuant to subdivision (a), the plan shall include a method to provide the educational materials specified in subdivision (b) and appropriate AIDS-related training programs for those persons who provide direct services to women and children receiving services under the programs specified in this section. (d) In order that the AIDS-related services plan provided through the programs specified in this section be as effective as possible, the department shall ensure that the educational materials and training programs provided for each program specified in subdivision (a) are developed in coordination with, and with input from, each of the respective programs. (e) Nothing in this section shall preclude the department from incorporating the plan requirements into the department’s annual state AIDS plan, or any other reporting document relating to AIDS deemed appropriate by the department.

Cal. Health and Safety Code - HSC § 120870. Section 120870.

(a) Every person who sells alkyl nitrites shall at the point of sale of the alkyl nitrites, post a sign measuring no less than five by seven inches to read as follows: “Warning: These products contain alkyl nitrites (‛poppers’). Inhaling or swallowing alkyl nitrites may be harmful to your health. The use of alkyl nitrites may affect the immune system. Several studies have suggested that their use is associated with the development of Kaposi’s sarcoma (an AIDS condition).” (b) The signs required by subdivision (a) shall be furnished by the manufacturers or distributors of alkyl nitrites in California in sufficient quantity with the shipments of alkyl nitrites to allow posting at all points of sale. (c) “Point of sale” for purposes of this section is that place within close proximity of the shelves or other area where the alkyl nitrites are displayed for consumer purchase.

Cal. Health and Safety Code - HSC § 120871. Section 120871.

(a) The department shall authorize the establishment of training programs throughout the state for counselors for publicly funded HIV testing programs. These training programs shall be conducted by community-based, nonprofit organizations with demonstrated expertise in providing free, anonymous, or confidential HIV testing services. The programs may be offered at flexible times, so as to facilitate the training of volunteer and part-time counselors. (b) All participating community-based organizations shall follow curriculum content and design approved by the department for training programs administered pursuant to this section. (c) All counselors trained in programs authorized by this section shall be subject to existing state and local testing and successful completion of training. (d) All costs associated with training programs administered pursuant to this section shall be absorbed by participating community-based organizations. This section shall not be construed to require or prohibit the funding of any training program administered pursuant to this section by the department, or by any local government administering a training program for HIV counselors. (e) This section shall not be construed to prohibit or otherwise restrict community-based organizations from participating in existing local training programs.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026