Idaho Doctor and Immigrant Patients Fight New Law Threatening Access to Critical HIV Medications

BOISE, Idaho — An Idaho doctor and four residents are taking legal action against a new state law that could significantly limit public health benefits for individuals living in the U.S. without legal authorization. This law threatens access to crucial HIV and AIDS medications for low-income patients, according to a federal lawsuit filed by the ACLU of Idaho.

The lawsuit, submitted Thursday night, represents Dr. Abby Davids and four individuals with HIV, who remain unnamed due to their immigration status. The complaint argues that the legislation is ambiguous, conflicts with federal law, and complicates healthcare providers’ ability to ascertain which immigration statuses are excluded and how to verify them.

One Boise-area clinic currently treats numerous patients who could lose their access to essential HIV and AIDS medications under the new law, impacting several of Dr. Davids’ patients. The ACLU highlighted that discontinuing HIV treatment could have dire consequences, not only for individual health but also for public health overall. When patients cannot maintain an undetectable viral load, they risk transmitting the virus to others.

Scheduled to take effect on July 1, the Idaho law marks the first time public health benefits have been curtailed since federal initiatives aimed at tightening eligibility verification for public resources went into place. This legislation mandates that individuals must confirm their legal residency status to access various public health services, including communicable disease testing, vaccinations, and prenatal care. Even access to food banks and soup kitchens that utilize public funding is affected.

Generally, federal law prohibits immigrants residing in the U.S. illegally from accessing taxpayer-funded benefits like Medicaid and Social Security. However, exceptions exist for emergency medical care and certain public health services. Although Idaho’s new law allows for emergency medical services, the Idaho Division of Public Health has clarified that long-term conditions, such as HIV, are not classified as emergencies. As a result, individuals must verify their lawful presence to receive aid through the federal Ryan White HIV/AIDS Program.

Among the plaintiffs challenging the law are a married couple from Colombia seeking asylum, a man who arrived in the U.S. at the age of four and holds Deferred Action for Childhood Arrivals status, and a man from Mexico who has been living in Idaho since 2020. One patient noted that she and her husband were diagnosed with HIV in 2019 and began antiretroviral therapy immediately, securing their medications through the Ryan White program. Her treatment effectively lowered her viral load to undetectable levels, which helped in preventing transmission to her daughter during pregnancy.

Dr. Davids has sought clarification from the Idaho Department of Health and Welfare regarding the specific requirements for verifying immigration status but has received no clear guidance. She expressed deep concern about the implications of this law for her patients, stating that their lives may be at risk without access to necessary treatments.

The legal challenge aims to obtain class-action status, potentially extending any judicial ruling to others affected by the restrictive law.

This article was automatically written by Open AI, and the people, facts, circumstances, and story may be inaccurate. Any article can be requested for removal, retraction, or correction by emailing contact@publiclawlibrary.org.