REGULATORY ANALYSIS

for

Amendments toRules and Regulations Pertaining to

6 CCR 1009-9 Reporting, Prevention and Control of AIDS, HIV Related Illness and HIV Infection

Adopted by the Board of Health on November 20, 2013

1.A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule.

It is anctipated that their will be a minimal impact on HIV testing laboratories due to the increase in reporting requirements. Due to the broad implementation of electronic laboratory reporting, this is expected to be a one time modification to reporting variables. It is expected that the proposed amendments will be of benefit to persons living with HIV in Colorado, leading to more complete and consistent HIV related care and treatment.

2.To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons.

The reporting of all CD4 related laboratory tests will greatly enhance the ability to conduct and evaluate HIV related linkage to, and retention in care activities throughout Colorado. It is anticipated that this will lead to a greater number of persons living with HIV that are receiving care and achieving a non detectable viral load, which is believed to result in a significant reduction in the risk of transmission of HIV infection.

3.The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues.

The CDPHE has previously implemented electronic laboratory reporting and import of HIV related viral load and CD4 reports. This amendment is to update the rule to include all CD4 reports and clarify reporting requirements. No effect on agency costs or state revenues is expected.

4.A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction.

The probable costs of the amendments are expected to be minimal. The amendment will better allow CDPHE to respond to the ever changing requirements of the National HIV/AIDS Strategy, provide more comprehensive linkage to HIV care activities, and quickly identify persons in need of services. Inaction will delay these critical activities and greatly diminish the ability to evaluate our HIV prevention strategies.

5.A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule.

HIV related surveillance and HIV prevention activities are performed and evaluated by CDPHE. No alternative methods are available to achieve the purpose of this amendment.

6.A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.

Conducting complete, timely and accurate public health surveillance for HIV and AIDS is a standard procedure of disease control and investigation. Addtionally, publicly funded HIV testing is primarily evaluated by CDPHE. No alternative methods are available to achieve the purposes of the authorizing statutes.

7.To the extent practicable, a quantification of the data used in the analysis; the analysis must take into account both short-term and long-term consequences.

The amendment was proposed based on policy changes at the State and National level. The more complete and consistent collection of HIV related public health data will result in a more robust surveillance system that will better allow CDPHE to inform HIV prevention, care and treatment activities throughout Colorado.