State Agency Gets Pushy Over HIV+ Porn Star

When news hit last month that a local porn actress had tested positive for HIV, it caused the typical panic in the adult industry. Less predictably, it ignited a legal battle between the adult industry and the California Occupational Safety and Health Administration (Cal-OSHA). After the government agency’s push for the health clinic that conducted the HIV test on the porn actress to reveal her identity, the performer has filed suit against Cal-OSHA to protect her privacy. AVN.com has details:

Although AVN has been unable to obtain copies of the suit papers, reliable sources have said that the basis of the lawsuit is that “Patient Zero,” the porn star whose HIV test came back as positive on June 6, has become aware of actions taken by Cal-OSHA to attempt to learn the person’s identity, including but not limited to serving an administrative subpoena on AIM [the Adult Industry Medical Healthcare Foundation], which was the clinic which drew the blood for Patient Zero’s HIV test.

However, both the privacy provisions of the federal Health Insurance Portability and Accountability Act (HIPAA) as well as California’s own Health and Safety Code, make it illegal for OSHA even to ask for either the identity of Patient Zero or any information that could lead to the disclosure of his/her identity, and the California code makes it a crime for AIM to provide that information, even if served with a court order to do so.

Seems porn actors have rights just like the rest of us. Imagine that.

Previously on FBLA:
HIV Case Underscores Power Struggle Between Porn Industry And Health Department