Chicago attorney James Monroe Smith founded the AIDS Legal Council of Chicago ( ALCC ) in 1987 during the height of American fear and hysteria surrounding AIDS.
The ALCC's mission, according to their Website, is to "preserve, promote and protect the legal rights of men, women and children in the metropolitan Chicago area impacted by HIV. The Council provides direct legal services to people in need, educates the public about HIV-related legal issues, and advocates for social policies that ensure fair treatment for all people affected by HIV/AIDS."
The future of the federal Affordable Care Act ( ACA ) has become a very important discussion among AIDS service agencies. The U.S. Supreme Court has finished hearing oral arguments on a case seeking to overturn the law, and the American public could hear the fate of the ACA by the beginning of this summer.
"The ALCC did not file an amicus brief but we did join another group who did," said Ann Hilton Fisher, the group's executive director. "There is no crystal ball but the consensus is that the ACA will be validated—at least most of it. If the Supreme Court undoes the ACA, then they'll have to do the entire New Deal packet of legislation," added Fisher.
The ALCC like other HIV and AIDS advocacy groups have been working on the ACA and its impact on their ability to both find and provide care for their clients as well as the legal repercussions the ACA will ultimately have.
"We are moving full steam ahead on this," Fisher said. "We cannot act as if the ACA will be struck down. Our policies just have to be in line with the language of the Act. There is also the possibility of Ryan White [ funding bill ] reauthorization. In any event, it could get pretty ugly."
For the state of Illinois, Fisher felt that the administrative hurdles that must be confronted would be the biggest challenges locally. "Illinois has some great plans," she said. "The possibility of a complete online registration for insurance coverage is in the works. Also, management of what category an individual falls under will be addressed. Are they Medicaid? Insurance with a subsidy or insurance without a subsidy?"
But the ALCC has been in operation for decades prior to the ACA and they have stayed true to their mission. "We're still primarily providing legal services to those with HIV and AIDS," said ALCC case manager Justin Hayford. We just had an employment discrimination suit involving a woman who worked at O'Hare [ airport ] pushing people around in wheelchairs. When it was discovered that she was HIV-positive she was actually terminated from her position. Can you believe that in 2012?"
The ALCC handled more than 1,500 cases in 2011 and that is no small feat considering the staff is comprised of three attorneys, an attorney intern and five paralegals.
"Our vast majority of cases involve Social Security Disability claims and Medicare/Medicaid," said Fisher. "Still, we also deal with the direct client contact for estate planning, insurance issues and HIV confidentiality consultation."
The ALCC provides immediate access to phone counseling when the issues of HIV confidentiality and state and federal law are dealt with by the public-at-large.
"Oftentimes we get calls from individuals filling out applications for insurance and they want to know whether they should list particular medications they may be taking for HIV management. We make sure they're counseled on that issue," said Fisher. "We also get calls from other organizations asking for advice on when it is appropriate to ask about HIV and when it is not. In other words, when is disclosure legal."
Another large portion of the ALCC's workload is comprised of immigration and the issues stemming from it. The ALCC does more than 100 consultations a year on this issue. They provide a bilingual center for Spanish-speakers. "Until fairly recently, there was a ban on immigration of those with HIV. That's really how we started tackling the issue," said Fisher. The group also handles the more routine immigration problems such as lost Green Cards.
"We're here on the ground doing the grunt work. We are always looking at the big picture but the day-to-day representation of our clients must be kept in focus," added Hayford. "This is a combination—individualized and systemic. Our legal services must be to the person with the other in mind."
For more information on the mission and history of the ALCC or to inquire further about their services, please visit the group's website at www.aidslegal.com or call them at ( 312 ) 427-8990.
