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

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."

View AHF's letter

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'Sex Workers Are Part of the "Everyone" That Deserves Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex On Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Noted Belgian adult producer and director Dennis Black Magic has been sentenced to 7 years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Foxxy Stars in Latest From TransAngels

Foxxy stars with Josh Rivers in "Getting D in Detention," from TransAngels.

PASS to Hold Town Hall About Medical Updates, Database Improvements

PASS will host a virtual town hall discussion with updates from the Medical Advisory Board and regarding planned updates to its database security.

Joy Media Group Debuts ERIKALUST Distro Agreement With 'Safe Word'

ERIKALUST has signed a distribution agreement with Joy Media Group and Bizarre Entertainment.

Angela White, Violet Myers Star in Latest From Brazzers

2020 XBIZ Female Performer of the Year Angela White stars with Violet Myers and Xander Corvus in the latest release from Brazzers.

Candee Licious, Ann Joy Star in 'Shadows of the Heart' From MixedX

MixedX has released "Shadows Of The Heart," from studio banner GetVampired, starring Candee Licious and Ann Joy.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Show More