Ensuring Compliance with the HIV Act: Detailed Guidelines for ESIC and ESIS Hospitals

Ensuring Compliance with the HIV Act: Guidelines for ESIC and ESIS Hospitals

Introduction

In an important step towards ensuring the health and safety of individuals living with HIV or AIDS, the Hon'ble Supreme Court of India has issued a directive mandating strict adherence to the provisions of the HIV and AIDS (Prevention and Control) Act, 2017. This blog post aims to provide a detailed overview of the guidelines issued to the ESIC (Employees' State Insurance Corporation) and ESIS (Employees' State Insurance Scheme) hospitals in compliance with this directive.

Background

On May 27, 2024, a circular was issued by the Medical Commissioner (Medical Services) of the ESIC, following the judgement of the Hon'ble Supreme Court in Civil Appeal No. 7175 of 2021. The case involved CPL Ashish Kumar Chauhan (Retd.) vs. Commanding Officer and ORS., where the Supreme Court directed central and state governments to implement certain measures to protect the rights and health of individuals living with HIV or AIDS.

The Employees' State Insurance Corporation, vide No. U-12011/3/2022-Med-I, has issued a circular regarding compliance with the order of the Hon'ble Supreme Court of India (Provisions of the HIV Act).

Key Guidelines for Compliance

The circular outlines specific guidelines that all ESIC and ESIS hospitals must follow to ensure compliance with the Supreme Court's order and the provisions of the HIV Act:

1. Provision of Treatment and Diagnostic Facilities

   • All ESIC and ESIS hospitals must ensure the availability of treatment and diagnostic facilities related to HIV or AIDS. This includes anti-retroviral therapy and management of opportunistic infections for people living with HIV or AIDS.

2. National AIDS Control Programme Guidelines

   • The guidelines issued for the National AIDS Control Programme must be strictly followed in ESIC medical institutions and hospitals. These guidelines, detailed in a letter dated November 3, 2023, encompass preventive, diagnostic, and treatment services for HIV or AIDS.

3. Information, Education, and Communication Programmes

   • Hospitals are required to formulate and implement HIV and AIDS-related information, education, and communication programmes. These programmes should be age-appropriate, gender-sensitive, non-stigmatic, and non-discriminatory.

4. Occupational Safety and Training

   • Personnel with significant risk of occupational exposure to HIV must be provided with universal precautions, training for the use of these precautions, and post-exposure prophylaxis. Hospitals must inform and educate all personnel about the availability of these precautions and prophylaxis.

5. Compliance with HIV Act Provisions

   • Strict adherence to all provisions of the HIV Act is mandatory for all ESIC and ESIS hospitals.

6. Designation of Complaint Officers

   • Hospitals must designate a Complaint Officer to handle any complaints regarding violations of the HIV Act. The details of the Complaint Officer must be prominently displayed within the hospital premises. Additionally, hospitals are encouraged to devise Standard Operating Procedures (SOPs) to address such complaints in accordance with the HIV Act.

Action and Reporting

All ESIC and ESIS hospitals are required to ensure strict compliance with these guidelines and submit an Action Taken Report within 15 days of receiving the circular. This proactive approach aims to safeguard the health and rights of individuals living with HIV or AIDS, ensuring they receive the necessary medical care and support without discrimination or stigma.

Conclusion

The directive from the Hon'ble Supreme Court and the subsequent guidelines issued by the ESIC highlight the importance of providing comprehensive and non-discriminatory healthcare services to individuals living with HIV or AIDS. By adhering to these guidelines, ESIC and ESIS hospitals can play a crucial role in the fight against HIV/AIDS, ensuring better health outcomes and protection of human rights for all.

For more information, please refer to the full circular and associated guidelines issued by the ESIC.

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