Home > News > AIDS Group Takes Shot at AIM, Says It Violates Privacy Rights • Bookmark   • Newsletters   • Register Search Options


AIDS Group Takes Shot at AIM, Says It Violates Privacy Rights

AIDS Group Takes Shot at AIM, Says It Violates Privacy Rights
Get XBIZ News
Feb 24, 2010 10:00 AM PST    Text size: 
LOS ANGELES — Calling the testing of adult performers a "fig leaf," the AIDS Healthcare Foundation has taken a shot at the industry's top adult-performer testing clinic, asking federal, state and local authorities to look into patient disclosure practice and enforce patient privacy laws.

The AIDS Healthcare Foundation, or AHF, in a letter to the authorities said the AIM Healthcare Foundation is "just a a ploy to deflect public scrutiny and government regulation — a ploy that is perpetrated at the expense of the actors’ privacy rights, which would not be violated if the industry simply required actors to use condoms.”

"As we understand it, adult film producers have conferred on AIM a virtual monopoly with respect to STD testing," said Michael Weinstein, president of the Los Angeles-based AIDS Healthcare Foundation. "An actor who wants to work in the industry first needs to be tested at AIM."

Weinstein said that before testing, AIM requires the actor to agree to waive all confidentiality with respect to his or her test results, which AIM then publishes on a website where the highly confidential test results can be viewed by producers.

“AIM testing is a fig leaf that does not protect actors from the risks of unprotected sex during filming,” Weinstein said. “AIM’s hypocrisy is clear — AIM argues that patient privacy rights prevent it from cooperating with public health officials who seek to protect the health of adult film performers. But when profit is at stake, performer privacy seems no longer to be AIM’s concern.”

But AIM shot back Wednesday afternoon, claiming AHF has lodged "an unfounded campaign" to attack the adult-performer testing clinic after previous failed legal maneuvers against it.

"Our privacy policy does not only meet state and federal guidelines, but it exceeds them as well," AIM spokeswoman Brooke Hunter told XBIZ.

AIM operates two clinics in the Los Angeles area, one in Sherman Oaks and another in Granada Hills, but it also has a presence nationwide.

The AHF's letter was addressed to authorities of the federal Office for Civil Rights, a federal agency under the U.S. Department of Health and Human Services that enforces HIPAA, the Health Insurance Portability and Accountability Act; the California Office of Health Information Integrity Enforcement Unit and Los Angeles County's Health Facilities Inspection Division.

In the letter, AHF raises specific concerns regarding AIM’s use of a so-called Authorization to Release Test Results to obtain privacy waivers from actors.

AHF contends the authorization does not appear to conform to the requirements of the HIPAA, California’s Confidentiality of Medical Information Act or AIDS testing laws.

It further contends that it conditions testing on the receipt from the actor of "an overbroad, irrevocable consent to disclosure of the actor’s STD test results by AIM to whomever AIM feels appropriate, in perpetuity and an indemnification of AIM for any damages resulting from its disclosures."

"The authorization is essentially a waiver of privacy rights that is against public policy," the letter said, citing Civil Code § 56.37. "Disclosures of testing results pursuant to such an invalid authorization would therefore appear to breach the actors’ privacy rights.”

Weinstein said that letters sent on Monday were in reaction to a rise in sexually transmitted diseases among adult film actors in the Los Angeles area.

"A rise due to the adult-film industry’s lack of respect for the actors’ health and safety rights, as well as to local and state agencies’ failure to enforce these rights," he said.

"Although AIM apparently routinely shares confidential performer health information with adult film producers via the internet, the agency has fought vigorously in court to prevent government health regulators such as Cal-OSHA from receiving the very same information, citing patient privacy concerns."

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !


Breaking the Fourth Wall: VR Production Tactics, Techniques

The tech world has long seen the cyclic debut of fabulous (and fabulously expensive) products, which initially wowed pundits and early adopters, but were left antiquated with the next round of releases. Virtual... More »

Retailers, Distributors Report Growth in Male Sex Toys Market

Adult retail has been undergoing a transformation in recent years. The adult stores of the 1990s and 2000s focused heavily on porn video sales and catered to a predominantly male clientele, but these days,... More »

VR Hardware: The Foundation of Immersive Technology

From cameras to headsets to controllers, software and more, virtual reality technology is more than the VR content experience itself — it also surrounds the tools that are needed to create and consume... More »
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.

Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.


Latin America Adult Business Expo

Jul 10 - Jul 12
Cartagena, Colombia

XBIZ.net Paysite Meetup

Jul 13 - Jul 13
Barcelona, Spain

ANME Founders Show

Jul 16 - Jul 18
Los Angeles Marriott Burbank Airport


Aug 03 - Aug 06
Montreal, Quebec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!