Major Provisions Research Articles

Patent reform in the US: what's at stake for pharmaceutical innovation?

The current patent landscape in the US has not undergone major legislative reform since 1952. The US Senate version of the most recently proposed patent reform legislation puts forward a number of rule changes that could impact the pharmaceutical industry. Among the bill's major provisions are moving to a first-to-file system, changes to post-grant review and reexamination procedures, and damages reform. Various industries with a stake in patent reform have responded to the proposed changes. The need for balanced reform makes the stakes particularly high for the pharmaceutical industry which must invest a significant amount of time and money in the research and development process in exchange for already abbreviated patent lifetimes due to the lengthy clinical trial process.

FAQs About HIPAA and HITECH: What Physicians Need to Know

Back to table of contents Previous article Next article Professional NewsFull AccessFAQs About HIPAA and HITECH: What Physicians Need to KnowDonna Vanderpool, M.B.A., J.D.Donna VanderpoolSearch for more papers by this author, M.B.A., J.D.Published Online:1 Jan 2010https://doi.org/10.1176/pn.45.1.psychnews_45_1_017AbstractThe HITECH (Health Information Technology for Economic and Clinical Health) Act is Title 13 of the American Recovery and Reinvestment Act of 2009 (ARRA). While the various subtitles of HITECH cover many topics relevant to physicians (for example, financial incentives for health information technology), this article will address only Subtitle D of HITECH amending the privacy and security rules under HIPAA (Health Insurance Portability and Accountability Act of 1996).HIPAA's privacy and security rules established floors of confidentiality and security protections for patients' demographic and health information in all forms—paper, oral, and electronic. The development of health information technology (for example, electronic health records, personal health records, health information exchanges) has resulted in additional risks; HITECH builds on the privacy and security rules to address these new risks.•. Who must comply with the HITECH amendments to HIPAA?Covered entities and business associates under HIPAA must comply with HIPAA, as amended by HITECH.•. Isn't every physician a covered entity under HIPAA?No. Only providers who electronically submit specific transactions electronically are covered by (required to comply with) HIPAA. The most common transaction that makes a provider covered is the electronic submission of claims to health plans. The Department of Health and Human Services (HHS) has useful resources to determine the applicability of the federal HIPAA regulations posted at <www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/index.html>.•. What is a business associate?Under the privacy rule, a business associate is a person who provides a function on behalf of a covered entity (other than as part of the covered entity's workforce) that involves the use of protected health information (PHI). Examples of this type of business associate include billing services, transcription services, and answering services. A business associate is also a person who provides specified services involving the use of PHI to a covered entity. The specified services are legal, actuarial, accounting, consulting, data aggregation, management, administrative, accreditation, and financial services. The HHS Web site at <www.hhs.gov/ocr/privacy> has much more information on entities that are, and are not, business associates.Business associates may use and disclose PHI, but only in compliance with the business associate agreement evidencing the business associate's promise to maintain the confidentiality and security of PHI. Under existing law, business associates only have contractual liability with the covered entity via the business associate agreement. As of February 2010, business associates must comply with the security rule and will be subject to government enforcement.•. What does HITECH say about HIPAA?There are many changes to HIPAA under HITECH, but not all of the provisions have the same effective date. See Summary Timeline for HITECH Requirements for Providers Covered Under HIPAA for a summary timeline showing the implications of the major HITECH provisions on HIPAA-covered entities.The most significant provisions of HITECH include the following: •. Increasing enforcement of existing HIPAA regulations (privacy and security rules). •. Increasing penalties for violations of existing HIPAA regulations. •. Adding a new federal breach notification law. •. Subjecting business associates to government enforcement.Part 2 of this article will include FAQs on enforcement and compliance with HIPAA, as well as breach notification. Please note that nothing in this article should be construed as legal advice.Donna Vanderpool, M.B.A., J.D., is assistant vice president, risk management, at Professional Risk Management Services Inc. (PRMS Inc.). ISSUES NewArchived

Did The Labor Contracts Between The UAW And The Big Three Automakers Work?

In the Fall 2007, there were landmark labor contracts agreed upon between the United Autoworkers (UAW) and the Big Three Automakers—General Motors, Ford Motor Company, and Chrysler LLC. The impetus for these truly historic labor agreements was to afford the automakers to remain competitive in the global market while labor was to be protected. Since the passage of these labor contracts, auto sales have continually declined to record lows due to the recession in the United States. This paper will trace the major contractual provisions of these labor agreements and also analyze how effective they were in accomplishing the stated goals for both the UAW and the Big Three automakers. Additionally, the paper will examine the necessary changes needed in these labor contracts if the automakers are to survive in the global economy.

Prevention in the United States Affordable Care Act

The Affordable Care Act (ACA) was signed into law on March 23, 2010 and will fundamentally alter health care in the United States for years to come. The US is currently one of the only industrialized countries without universal health insurance. The new law expands existing public insurance for the poor. It also provides financial credits to low income individuals and some small businesses to purchase health insurance. By government estimates, the law will bring insurance to 30 million people. The law also provides for a significant new investment in prevention and wellness. It appropriates an unprecedented $15 billion in a prevention and public health fund, to be disbursed over 10 years, as well as creates a national prevention council to oversee the government's prevention efforts. This paper discusses 3 major prevention provisions in the legislation: 1) the waiving of cost-sharing for clinical preventive services, 2) new funding for community preventive services, and 3) new funding for workplace wellness programs. The paper examines the scientific evidence behind these provisions as well as provides examples of some model programs. Taken together, these provisions represent a significant advancement for prevention in the US health care system, including a shift towards healthier environments. However, in this turbulent economic and political environment, there is a real threat that much of the law, including the prevention provisions, will not receive adequate funding.

A Chronology of Federal Income Tax Policy: 1947-2009

This note provides a chronology of major tax events that involved changes in federal taxes on individual and corporate income from 1948 to 2006. For each event, the note provides background and policy motivation, major provisions, legislative timeline, and estimated revenue changes. As most tax changes were preceded by extensive legislative delays, this chronology suggests that people were likely to have foreknowledge about tax policy. It also finds that postwar income tax policy was typically motivated by one of three rationales: 1) balancing the budget or reducing deficits, 2) controlling inflation, and 3) stimulating economic activity or promoting growth.

Did The Pension Protection Act (PPA) Of 2006 Resolve The Pension Crisis In Corporate America?

On August 17, 2006, President George W. Bush signed into law the Pension Protection Act (PL 109-280). The 907-page federal law has been referred to as the most comprehensive reform of the nations pension law since the enactment of the Employee Retirement Income Security Act (ERISA) of 1974 (Lucas, 2008). This paper will examine the major provisions of the Pension Protection Act (PPA). Additionally, the paper will analyze the impact of PPA on the retirement programs in corporate America and whether it resolved the pension crisis that existed prior to its passage as a federal law.

The ETS Reform and Carbon Leakage: Economic Analysis of the New ETS Directive

After recalling to which extent the inefficiencies emerged during the Emissions Trading Scheme past trading periods are related to its institutional framework, as defined by the Directive 87/2003/EC, this article focuses on the major provisions of the 2008 European Commission Proposal for a new ETS Directive. The aim of this article is to analyze if and how the Emissions Trading Scheme functioning will be improved during the post-Kyoto trading period (2013-2020). The article focuses on three variables. First, it analyzes the new procedure and criteria for setting the ETS cap. Then, it moves to analyze the new default allocation rule, which is auctioning, and the related risk of Carbon Leakage, discussing both the criteria to assess it and the measures to prevent it. Finally the article focuses on the procedure and criteria to divide the ETS cap among the trading sectors in an effective way. The paper concludes that, while the ETS cap setting reform has contributed to improve the ETS effectiveness by reducing market distortions, the same cannot be written in the case of the new allocation rule. Instead of improving the allocation transparency and granting higher rules harmonization, the EC has defined highly discretionary and inefficient criteria to assess the sectors' exposure to Carbon Leakage and the corresponding allocation rule, thus increasing distortions, uncertainty and non-homogeneity within the ETS. While in a theoretical closed economy auctioning is superior to grandfathering, the way auctioning is going to be implemented in the third ETS trading period is far from being the efficient and effective allocation rule described by the European Commission.

Recent trends in extraterritorial jurisdiction — The Sarbanes-Oxley Act and its implications on sovereignty

This paper endeavors to analyze the current U.S. practice on the field of extraterritorial application of corporate governance law. As it is widely known, sovereignty is one of basic tenets of public international law, and its relevance is considerably debated in our age. Therefore, the main question of the paper is whether this qualitatively new U.S. practice on the field of extraterritoriality can contribute any insight for the better comprehension of the transformation of sovereignty. So, it will basically compare the lessons stemming from the adoption of the Sarbanes-Oxley Act to the classical concept of sovereignty.In its first part the paper briefly introduces the reader into the basic notions of extraterritorial jurisdiction. In doing so, it analyzes some theoretical problems, the former U.S. antitrust law practice and the European approach. The second part of the paper deals with the Sarbanes-Oxley Act as an emblematic and very actual example of corporate governance law having extraterritorial reach. This part discusses the major provisions of the act in detail as well as examines the different arguments justifying or criticizing it. In the last part the paper tries to reflect the results of the earlier inquires to different dimensions of sovereignty. Through three different prisms-Legislatio, Legitimatio and Subordinatio-the paper compares each aspect of sovereignty to the lessons flowing from the case of the Sarbanes-Oxley Act in order to get relevant insights concerning the transformation of sovereignty.In conclusion, the paper argues that the classical 19th century approach of sovereignty is outdated because of the transformation of the global economic and political context. But, sovereignty, as a legal basis and legitimizing factor is still in play if the question is the protection of fundamental national interests. As it exactly happened in the case of the Sarbanes-Oxley Act which intends to protect a pillar-the confidence in corporate governance-of the basic structure of U.S. free market system.

Educating for Conviviality in Basic Education: The Philippine Context

Three major provisions of the present Philippine Constitution (1987) highlight Filipinos' high aspiration and priority for education. First, it is concretely enunciated in Art. XIV Section 5, "The state shall assign the highest budgetary priority to education"; then in Section 1, "The state shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all." Third, Section 3 lists down the objectives of schools as "to inculcate patriotism and nationalism, foster love for humanity, respect for human rights, duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency." Comparably, Education for conviviality is implicit in Art. II Declaration of Principles and State Policies Section 2 which states that, "The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and humanity with all nations." Such provisions in the fundamental law serve as the legal bases and guiding principles for the education sector in planning and implementing its program. The Department of Education is the principal agency of the government responsible for education and manpower development. As embodied in Executive Order No. 117, s. 1987, the Department is primarily responsible for formulating, planning, implementing and coordinating the policies, plans, programs and projects in the areas of formal and non-formal education at the elementary and secondary levels, and non-formal. Equally the Department is mandated to supervise all educational institutions, both public and private; and provide for the complete, adequate and integrated system of education relevant to national development goals. At the Central Office of the Department are five service units namely: the Planning Service, Administrative Service, Human Resource Development Service and Technical Service. To assist the Secretary in initiating and formulating policies, standards and programs on curriculum development are the three bureaus: Elementary Education, Secondary Education, Alternative Learning System. Other offices include the Educational Development Project Implementing Task Force (EDPITAF) and the NationalEducatorsAcademyof the Philippines (NEAP). There is a pending legislation in Congress for the trifocalization of the education sector: Department of Basic Education for elementary and secondary education level, Commission of Higher Education (CHED) for colleges and universities and Technical Education and Skills Development Authority (TESDA) for vocational-technical education. The Department has 17 Regional Offices: the Ilocos regions (I), the Cagayan Valley Region (II), the Central Luzon Region (III), the Southern Tagalog Region (IV), Bicol Region (V), Western Visayan Region (VI), Central Visayas Region (VII), Western Visayas Region (VIII), Western Mindanao Region (IX), Northern Mindanao Region (X), Southern Mindanao Region (XI), Central Mindanao Region (XII), the Caraga Region, Cordillera Administrative Region (CAR), the National Capital Region (NCR), and the Autonomous Region of Muslim Mindanao (ARMM).

A Guide to the Financial Bailout Legislation

This paper summarizes and comments on the major provisions of the Emergency Economic Stabilization Act of 2008, grouping the subjects covered as follows: (1) General Nature and Scope of the Bailout Program; (2) Procedures for Purchase and Sale of Assets; (3) Insurance Program; (4) Executive Compensation; (5) FDIC-Related Provisions; (6) Foreclosure Mitigation/Management Guidelines; (7) General Regulatory Reform; (8) Oversight; (9) Additional Provisions.

Table of Contents

Abstract Cover Story Higher Education Act includes major provisions on campus safety Reauthorized higher ed act includes many campus safety provisions IACLEA commends legislators on higher ed reauthorization News Briefing Student hacker arrested at Ga. College Near‐campus shooting leads to arrests Sessions to address violence concerns Victim's mom upset over school response Leaders &amp; Innovators GLEN REID, DIRECTOR OF PUBLIC SAFETY AND CHIEF OF UNIVERSITY POLICE, CLARION UNIVERSITY Understand students, faculty members by becoming one of them Word of Advice Observe your team in action to learn its strengths, weaknesses Compliance Prevent illegal behavior on official visits Define appropriate behavior for recruits with code of conduct Policies concerning official visits should outline coaches' responsibilities Bright Idea Assign hosts responsibilities to ensure trouble‐free visits Managing Your Office Improve conditions for your campus safety staff through surveys Resources Give students, their families useful reading recommendations to educate them on safety Lawsuits &amp; Rulings JURISDICTION Campus security officer had authority to make off‐campus arrest, court rules PERSONNEL Unfitness for court security post does not invoke disability status PRIVACY FERPA doesn't prevent GW from disclosing info. to companies Legislative Watch State legislative bills

Table of Contents

Abstract Cover Story Find out how your practices compare for commencement, degree conferral Learn range of policies, practices on degree conferral Continuous degree conferral saves work, pleases students Online graduation applications will boost efficiency News &amp; Notes ED denied funding for survey of Pell Grant recipients Newspaper lists names online of people who got bogus degrees House approves health insurance for students on medical leave Problems continue as lenders exit troubled student loan market Compliance Distinguish between taking attendance, dates of attendance Review definition in regs Washington Report HEA approved by Congress, set to become law Learn how provisions in HEA aim at cost control Review major provisions of HEA that affect you Professional Development Improve communication with foreign students, staff Follow these conversation rules Ethics Would you remove transfer credits from a transcript? Lawsuits &amp; Rulings SUSPENSION University suspends black students for hazing their sorority sister FERPA Using plagiarism service does not violate students' rights Degree candidacy can be designated as ‘directory information’ Leaders &amp; Innovators THOMAS CASTIGLIONE, REGISTRAR, LONG ISLAND UNIVERSITY BROOKLYN CAMPUS Students deserve a customer service focus Teamwork enables system conversion to go smoothly

Need to focus on occupational health issues

Sir, India is one of the largest and the most important developing countries of the world. In this country, public health emphasizes more on communicable diseases, malnutrition and reproductive healthcare. Majority of the population is working in industrial sector. Industrial revolution as well as globalization is increasing the burden of occupational hazards and changing occupational morbidity drastically. Still occupational health is seen as a secondary issue while formulating health policy and health-related programmes. As per the Director General of Factory Advisory Services and Labour Institutes Report (1998), there were 300,000 registered industrial factories and more than 5000 chemical factories in India, employing over half a million workers. Approximately 8.8 million workers were employed in various factories.(1) In India, occupational health is more than simply a health issue, which includes child labour, poor industrial legislation, vast informal sector, less attention to industrial hygiene and poor surveillance data.(2) Statistics for the overall incidence and prevalence of occupational disease and injuries for the country is inadequate. The major occupational diseases morbidity of concern in India include silicosis, musculoskeletal injuries, coal workers' pneumoconiosis, chronic obstructive lung diseases, asbestosis, byssinosis, pesticide poisoning and noise-induced hearing loss.(2) According to Leigh et al., the annual incidence of occupational disease was between 924,700 and 1,902,300, leading to over 121,000 deaths in India.(3) According to a survey of injury incidence in agriculture conducted in Northern India, an annual incidence of 17 million injuries per year (2 million moderate to serious events), and 53,000 deaths per year was estimated.(4) While India experiences an economic transition, occupational research approach should balance between understanding the modern industrial exposures and health risks of traditional sectors like agriculture and plantations. Lack of education, unawareness of hazards in one's occupation, general backwardness in sanitation, poor nutrition and climatic proneness to epidemics aggravate worker's health hazards in the work environment. Despite the existence of law that prohibits a paid work from children under the age of 14 years, an estimated 70-115 million children are part of the Indian workforce. Child labour in the agriculture sector accounts for 80% of child labourers in India and 70% of working children globally.(5) In India, occupational health is not integrated with primary healthcare, and it is the mandate of the Ministry of Labour, not the Ministry of Health. Occupational health in India has to compete with primary health and curative health for its budget. In the context of legislations, the major legal provisions for the protection of health and safety at workplace are the Factories Act and Mines Act. The Factories Act, 1948, deals with occupational health and safety as well as welfare of workers employed in a factory. However, more than 90% of the Indian labour force does not work in factories; hence, they fall outside the purview of the Act.(1) A broad insight into the existing occupational health laws in India explicably brings out the verity of non-implementation of such laws, considering the present scenario with respect to the workers' health conditions.(6) Occupational health not only deals with work-related disorders or diseases, but it also encompasses all factors that affect workers' health. With changing scenario, there is need to understand the risk factors of modern occupational hazards. India urgently requires modern occupational health safety (OHS) legislation with adequate enforcement machinery and establishment of centres of excellence in occupational medicine to catch up with the rest of the world.

Politico-economic determinants of forestry policy in Cameroon

Factors that influence the policy choices of forest and environmental policy-makers in developing countries are yet to be completely understood. The study reported in this paper seeks to contribute to efforts addressed to promoting knowledge of these factors. It does so by analyzing the forest and environmental policy and policy field of Cameroon. The field is shown to be crowded, involving entities and individuals with disparate goals. The state emerges as the most powerful stakeholder in the field. It is argued that despite their seemingly inconsistent and contradictory nature, major provisions of Cameroon’s forestry and environmental policy have a unified purpose, viz., to serve the interests of powerful domestic and international stakeholders. It is concluded that the interests of these stakeholders, rather than the country’s national development goals, constitute the major determinant of the policy choices of its forest and environmental policy-makers.

Many With Mental Illness Could Benefit From Changes to SCHIP

Back to table of contents Previous article Next article Government NewsFull AccessMany With Mental Illness Could Benefit From Changes to SCHIPRich DalyRich DalySearch for more papers by this authorPublished Online:7 Sep 2007https://doi.org/10.1176/pn.42.17.0004aThe House and Senate have passed large expansions in the leading federal health care program for children, known as the State Children's Health Insurance Program (SCHIP).The measures vary in several ways, including differing provisions related to mental health care. At press time Congressional leaders planned to begin conference committee discussions to reconcile the differences this month.Without reauthorization, SCHIP will expire on September 30. Nonetheless, the legislation faces another serious obstacle: President Bush has threatened to veto it because of the high cost and large expansion of a government-run program.Among the provisions that have drawn cost-related criticism from opponents of the legislation is a House-passed component mandating an end to Medicare's discriminatory payment requirements for outpatient mental health services.The House narrowly approved SCHIP reauthorization legislation (HR 3162) over Republican opposition that was based largely on the cost of the $47-billion expansion over five years, which would be financed largely by a tobacco-tax increase and cuts for managed care companies in Medicare.The Senate, where the legislation (S 1893) has strong bipartisan support, approved a less-aggressive $35 billion expansion. Bush had proposed a $5 billion expansion of SCHIP over five years.The bills would insure 5 million more children, in addition to the 6 million children already covered. Under the expansion, children in the program would gain coverage for dental and mental health care.The House bill also includes $19 billion over five years to prevent scheduled cuts to physician reimbursements under Medicare. The Senate bill does not address this issue, thus it will be up to a joint conference committee to resolve the difference.Opponents of the House bill—mainly Republicans—criticized it as the first step toward nationalized health care and said it would reduce access to Medicare and imperil seniors. The Medicare criticism was based on a provision that would reduce insurance reimbursements under Medicare Advantage plans to the level provided under standard Medicare.Among several mental health gains in the bill was inclusion of APA's long-sought equalization of reimbursements for outpatient mental health services with those for other medical illnesses. The 50 percent coinsurance that Medicare beneficiaries have had to pay for outpatient mental health services would drop to the 20 percent coinsurance charged for all other Part B services beginning in 2008.“By any measure, the repeal of the 50 percent coinsurance would be a huge win for patients and for APA members, a testament to the emphasis on 'pro-patient' priorities of the Board of Trustees and vindication for 20 years for relentless lobbying by staff in that time period,” said Nicholas Meyers, director of APA's Department of Government Relations.The Medicare copayment change would affect a significant number of nonelderly Medicare beneficiaries who have a disability and qualify through the Social Security Disability Insurance (SSDI) program. As many as 40 percent of SSDI beneficiaries have a mental disorder and must pay the higher cost for outpatient mental health services, according to a 1999 report by the Consortium for Citizens With Disabilities Housing Task Force.The House-passed version, known as the Children's Health and Medicare Protection (CHAMP) Act, includes legislation APA helped develop to cover benzodiazepines under Medicare Part D and to establish new protections for access to critical psychiatric medications. The measure would lift the benzodiazepine exclusion in 2013, due to cost concerns; however, APA is lobbying to move that date closer.The CHAMP Act also includes a temporary 5 percent increase in Medicare payments for psychotherapy services. The increase aims to offset previous payment reductions that disproportionately affected psychotherapy due to the way federal officials assign value to different medical services.The Senate bill does not include any major Medicare provisions—such as parity—but it does provide mental health parity benefits for children enrolled in SCHIP plans. The parity provisions would prohibit discriminatory limits on mental health care in SCHIP plans by mandating that the same financial requirements and treatment limitations that apply to mental health or substance abuse services apply to other medical services.House and Senate supporters of the measures face a challenge to produce legislation that can be approved in both chambers and withstand a presidential veto.Negotiators must decide whether to keep the Medicare provisions and SCHIP expansion linked. APA and the AMA have lobbied for the physician-payment change, and a majority of Congress seems to agree that the cut must be averted. However, the expensive plan to reverse the physician payment cuts—estimated at $101 billion over 10 years, according to Congressional Budget Office—will require either steep cuts in other areas or additional taxes.The text of the SCHIP reauthorization bills can be accessed at<http://thomas.loc.gov> by searching on the bill numbers, HR 3162 and S 1893. ▪ ISSUES NewArchived

Copyright Law and Content Protection Mechanisms: Digital Rights Management for Teacher Educators

The integration of new technologies using digital media materials in preservice and inservice programs to prepare educational personnel presents both opportunities and challenges for teacher educators in special education. The Technology, Education, and Copyright Harmonization (TEACH) Act of 2002 provided some guidelines for appropriate use of copyrighted materials in face-to-face, televised, and online instruction and focused educator's attention on the need for policies and practices related to digital rights management. This article outlines the major provisions of the TEACH Act as they relate to converting, creating and implementing digital media. Then it presents currently available content protection mechanisms for controlling access to and preventing copying of various file formats to comply with the Act's provisions and protect one's own and others' intellectual property. This information will be useful for educators who use commercial materials or develop their own media for use in personnel preparation programs or staff development activities.

The EU Reinsurance Directive

The commentary briefly traces the history of the debate leading to the adoption of the EU Reinsurance Directive in November 2005, outlines its major provisions and attempts to assess the possible significance and impact of the Directive on the EU internal market and on the EU's relations with third countries. It also notes the various factors that persuaded the European insurance industry and the EU that a common approach to the regulation of reinsurers within the EU was desirable. It outlines the primary purposes of the Directive and details the regulatory approach adopted by it. It comments briefly on the timetable being followed by some Member States for implementation of the Directive into domestic law.

Family Medical Leave Act: Major Provisions and Court Interpretations

Family Medical Leave Act: Major Provisions and Court Interpretations

The Mental Health (Care and Treatment) (Scotland) Act 2003: legislation for mentally disordered offenders

The Mental Health (Care and Treatment) (Scotland) Act 2003 contains major amendments to the Criminal Procedure (Scotland) Act 1995 that have a direct effect on the assessment and management of mentally disordered offenders. The major developments and provisions of this new legislation are described.

Can India abolish the anachronistic homosexuality law to battle HIV/AIDS?

Despite the fact that the journal AIDS has covered various articles related to HIV in Asia, the thorny issue of the colonial era homosexuality law of India has seldom been discussed. We are concerned about the recent increase in the reported cases of HIV among homosexual men in India. We believe that it is time for India to repeal the colonial era homosexuality law so that intervention measures can be enforced to help the often ignored gay community, one of the vulnerable groups for HIV infection. The first report of HIV infection in India was in 1986, and within just two decades this immune-stripping disease has infected over 5 million people [1]. According to reports, the HIV prevalence among men who have sex with men was 23.6% in Maharashtra State and 2.4% in Tamilnadu State, respectively [2,3]. Detailed statistics on India's current homosexual practice and its implications on the spread of HIV, however, are not known clearly because homosexuality is illegal in India and is punishable by imprisonment for up to 10 years. This unfortunate legal stumbling block prevents gay men from coming forward for HIV screening; it also frustrates health workers in providing information regarding treatment, monitoring and counseling. The major provisions of the criminalization of same-sex acts are found in Section 377 of the Indian Penal Code of 1860. According to Section 377, gay sex is bracketed with sex with animals and paedophilia and is classed as an ‘unnatural’ offence, punishable by imprisonment. Even though only a few individuals have been prosecuted under the law, its continued existence on the statute books has meant that homosexual men and organizations promoting AIDS awareness across India remain vulnerable to police aggravation and legal prosecution. For example, the police force in Lucknow city has been bizarrely upbeat in its attempts to enforce this outdated Section 377. In 2001, the police invaded two offices of the local AIDS prevention organizations to arrest staff members, condemning them for encouraging homosexuality in the city. Early this year, police arrested four men and accused them of operating an online gay ‘racket’ and engaging in unnatural sex. International human rights organizations condemned the arrests, and India's coordinator for UNAIDS stated that treating homosexuals as criminals in fact increases the stigma and discrimination they face, and therefore hinders the ongoing fight against AIDS. Sexuality on the whole is somewhat a taboo in traditionalist India, and individuals often regard same-sex relationships as illegal or even profane. However, what people forget is that India has a long history of including homosexuals as part of society, and ancient Hindu texts such as the Kama Sutra describe homosexuality more accurately than any other religions in the world. As a matter of fact, the 145-year-old law originated during the British occupation of India, when there was no freedom of speech or democracy. The United Kingdom has indeed changed many laws over the past few decades as society has progressed towards freedom and democracy. Unfortunately, India has been struck with this outdated anomaly that deserves to be abolished if India is to be recognized globally as a true democratic nation that respects all people equally. AIDS experts have already raised alarm bells over the spread of the disease in Asia and the Pacific region, and called for a united effort to control it [4]. The government of India is increasingly committed to HIV prevention and control efforts. But it regrettably continues to ignore the implications of Section 377 on India's gay community, social workers and HIV prevention programmes. There is insufficient public awareness at present about India's homosexual community. Therefore it is crucial for health education professionals and social work experts to take a leading role to reach out to policy makers, politicians, community leaders, and the media to alert the public on the dire social and health consequences of the homosexuality law. Press releases from international human rights groups condemning India's homosexuality law are not enough to make legal changes in India. Public pressure with the support of parliamentarians and local political parties is the key to changing the law, especially when there is a coalition government in New Delhi similar to the present one, which often needs the crucial support of small parties and independent members of parliament to stay in power. Finally, we urge people from all walks of life in India to play an active role in bringing public pressure to abolish Section 377, so that the neglected homosexual community in the world's largest democracy can be free at last!