DPH dismisses potential legal threat to HIV test

The Department of Public Health is supporting a bill that requires mandatory HIV test for pregnant women despite doubts about its constitutionality.

Villagomez said it is better to force a mother to have HIV test than to have her deliver a baby with the AIDS-causing virus.

“You got to weigh things. Yes, there are legal problems that need to be looked into but look at the cost benefits. The legal issues, you can battle that forever in court. But at least you’re going to give birth to a baby who is not HIV positive,” Villagomez said.

Rep. Heinz S. Hofschneider, chairman of the House Committee on Health, Welfare and Education, drafted House Bill 11-327 aimed at protecting unborn children from HIV.

The move followed disclosure from Jon Bruss, medical director of the Division of Public Health, about an HIV-stricken newly born child. The baby’s parents, according to Bruss, were both tested positive for HIV.

But the proposed mandatory test, however, has drawn skepticism. Some say it violates basic human rights.

Villagomez echoed Bruss’ claim that the chance of the spread of HIV being curtailed was high in the case of the recently born child had the mother submitted herself to a test and medical treatment.

“Studies are telling us that if a pregnant mother with HIV starts getting treatment during her pregnancy stage, the chance of the virus not being transmitted to the fetus is very high. That is the reason why we’re encouraging mothers to get HIV testing. It’s not to interfere on people’s civil rights,” Villagomez said.

Estimates from the Legislature show that treatment cost for HIV ranges from $20,000 to $30,000 annually. If the virus progresses to AIDS, the cost increases to as much as $150,000 a year.

In contrast, the cost of treating a pregnant woman to reduce the pre-natal transmission of HIV is less than $3,000. That translates to about $10 per day during pregnancy, $650 during delivery and the six weeks of therapy for the infant after birth.

Hofschneider said: “Not only is the cost-benefit ratio extremely favorable, but the benefit of preventing the pain and suffering of our children is significant. The legislature acknowledges that the CNMI cannot afford the cost and human suffering of a large-scale HIV outbreak as seen in other countries.”