AHF opened its doors in Nevada in late 2013 and within six months found itself in a fight with Nevada’s government over its work to provide tests and care to the public. As a surprise to no one familiar with the work we do, AHF did not give up easily.
AHF expanded its care to Nevada by opening two Healthcare Centers in the Las Vegas area in December of 2013.
“Increased access to HIV testing is the single most important step for turning the tide on HIV in Nevada. We are excited to remove obstacles for many by providing free testing through mobile testing vans and increased clinical opportunities for people to access free rapid testing” noted President Michael Weinstein.
In April of 2014, AHF met opposition for its use of mobile HIV testing units at nightclubs and bars in the Las Vegas area. Complaints were filed over their testing outside Piranha Nightclub and Share Nightclubs, respectively. These objections were investigated by the Nevada Health Department’s Division of Public and Behavioral Health.
Not known for backing down, AHF confirmed that they were, in fact, performing these rapid HIV tests in mobile health units and that they did not have a license from the Health Department.
Nevada’s AGM, on behalf of Chief Medical Officer Dr. Tracey Green, filed a lawsuit against AHF in May of 2014. They hoped to affirm that their mobile rapid testing was illegal and to cease testing, which they claimed would cause “irreparable harm.”
While Nevada took this response and twisted it into charges against the organization, AHF maintained that state-issued licenses were not required for rapid testing. This argument was based on a 2009 Nevada statute which declared no laws or regulations would be more stringent or restrictive than Federal laws. Federal law at the time allowed for organizations to perform HIV tests without full laboratories or licenses under certain waivers.
Once again, AHF stood firm in their resolve. Rather than giving in, they continued to pursue mobile rapid testing in Nevada while the legal battle raged.
Eventually, Nevada relented, and a settlement was reached. AHF was allowed to continue to provide rapid HIV testing with their mobile vans. Between April and June, when a settlement was reached, AHF was able to provide nearly 500 rapid tests in mobile units and catch 10 HIV-positive cases that were previously undiscovered.
This settlement was a big win for AHF but an even bigger win for public health in Las Vegas. As Michael Weinstein recently said, “I would rather be lonely than wrong when lives depend on it.” This chapter in AHF’s history was just one in a long line of successes where AHF stood its moral ground in the face of staunch opposition, fighting for what is right and for the betterment of public health rather than folding to opposition and attacks.
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