I dont necessarily agree that OSHA overstepped their bounds. Sharon Mitchell testified that AIM had a system(Adultdat) that tracked who worked with whom, and that producers input the information. Based on this OSHA determined that AIM was acting as ‘an agent of the empoyers’ and was therefor subject to inspection based on a complaint. OSHA was not seeking medical records from AIM, they were seeking employment records, but you would never know this if you were reading AVN or Xbiz. The only problem is Mitch wasnt entirely truthful while they were given the Adultdat system, nobody ever participated, and that is why no one will participate in the new proposed program.
AIM failed as a business for the same reason many businesses fail, financial mismanagement and some would argue, financial shenanigans. And then, after all was said and done, all of AIM’s records were ‘intentionally and willfully’ destroyed. Did you ever wonder why they destroyed thier records, including the agreements that producers signed in order to get access to patient results? I wonder if copies of those agreements exist anywhere else? Hmmmm.(ps, illegally accessing someones electronic medical records is punishable by 25k fine or six months in prison, for every single count. Considering dozens of producers accessed those records thousands upon thousands of times, well, you do the math, and then think again about why they intentionally destroyed those records. You see, it was ALWAYS about protecting producers pocketbooks, and was never about performer health.

Oops “in NO way diminishes the great job” paragraph two 🙂

@jilted

It is true that the LACPH scrutinized AIM and OSHA exceeded its authority to address a complaint. It’s also true that the dedicated employees of AIM went above and beyond in their desire to serve their patients. This doesn’t change that the employees were working in a situation beyond their control via AIM structure created as a non-profit to ensure a few individuals increased profits. Complaints caused increased regulatory scrutiny that AIM couldn’t avoid and expensive legal liabilities. Along the way the state discovered that the license in place didn’t give them authority and closed them down as an improperly licensed medical facility. The responsible individuals didn’t do what they had to do to maintain the provisional license used to reopen and had no way to start from scratch with open doors with people abandoning ship to avoid liability they created.

Pointing out actions of those responsible for founding AIM in way the great job the dedicated employees did to provide patient services and awareness. In fact their ability to do so well for so long is a testament to their superior service that didn’t invite the regulatory scrutiny much sooner as well as how the founding individuals intents and greed bit AIM in the ass. Setting up AIM with the intent of truly meeting their purposes within the existing regulatory policies it might still be open and serving today, instead a few individuals decided they knew better than all the experts/knowledge/process of policy to reinvent the wheel of industry HIV prevention.

Reinventing the wheel (self regulation) to suit their purposes didn’t meet legal requirements causing the patient records liability they blamed for their demise. Blaming PWL, LACPH scrutiny or AHF ignores the reality that founding individuals choice to suit their purposes only worked as long as it did with dedicated employees going above and beyond in patient care adhering to medical standards that didn’t conflict with industry self regulatory interests.

Agreed that no insurance including ACA will cover monthly testing. They will still have treatment expenses and data regardless of how often. I’m saying that just like AIM was a victim of individual interests 2013 opened the door to end the free ride stakeholders have been on. The business model isn’t sustainable through the coming scrutiny.

Yes, Dan has the required Measure B permit and uses condoms. But he does not pay for testing, or post exposure testing and treatment, things that are his legal responsibility.

Lets just say that PDan abides by a few of the laws, but not even close to all of the laws. No producers do, not a single one.

Regarding the ‘oversight’ of AIM. Being a non profit did not sheild AIM from any oversight, quite the opposite acutally. AIM was watched like a hawk by everyone from the LACHD to the CDC. AIM was wathced more closely than virtually any clinid in southern California .

No insurance policy, not even the new ObummerCare will pay for monthy hiv and std testing. Hell, most insurance policies will only pay for one cholesterol test per year. Testing, pre-employment, and post exposure is the legal responsibility of PRODUCERS, period, end of conversation. Why producers get away with everything they get away with, good question, wish I knew the answer.

There are politicians in every party jumping up and down for their industry constituents crying foul about industries using ACA for their employees getting an unfair economic burden (walmart, fast food franchisees) to (construction, unions, banks etc) those that not only bear the costs of providing health insurance but see their taxes now going into a system they don’t benefit from. No matter how they structure policy premiums they haven’t been able to avoid “government” costs with ACA.

@jilted
Yes I am aware of the rampant non-compliance which is exactly why I hope there is prior date entry available.

Right now producers can use PASS to bypass OSHA to prove they are using pre and post exposure testing. There is no way to prove pre-exposure vaccination.

AIM had a lot of good services that are sorely missed as more time goes by. I’ll never be a fan of how it was set up to avoid taxes and oversight while enuring individuals which is why it ultimately closed even after going to a profit structure that would be accountable to the state medical ? (Can’t recall the board but it was corrected in the LATimes) to avoid LACPH.

As the industry moves to Nevada the need to address the nationwide industry will be more apparent. Florida, while it has a large industry presence is just one of many areas that need industry support for adequate testing and industry standards.

The coming two to five years are going to reveal many changes which can be done willy nilly still allowing any tom dick or Harry willing to download a 99cent app for 2257 compliance (as well as tech skills to shoot, edit and load onto a maintained site) the ability to produce porn OR it can pave the way to a process of elimination and exclusion for anyone but the most dedicated.

It’s those dedicated folks who are afraid and unwilling to risk the expenses of legitimate mainstream industries. For too long the ideals of no taxes via non-profit structure with the ideal of self regulation to justify not paying into the government that they want out of their business has ignored the reality that they pass the economic burden for their success onto performers, private health foundations and public health.

The ACA that many were so excited about is a bigger fear than OSHA. As more and more performers use this to pay for the testing available and subsequent treatments the “government” will have access to industry health data. We will be more like countries with socialized medicine where a price for that free clinic testing will be a clerk who demands occupation to fill in the blank.

Private medical facilities will make clients aware that they could save x $ by submitting a claim to their policy which any fool is gonna jump on then when enough claims have been paid the “government” is gonna cry foul and start hitting producers with fines and penalties that will make the accompanying OSHA fines look like chicken feed.

I’d like to see it expanded to include performers entering as well…non-agent represented performers doing content trades as well as escorting need to be considered.

This database could be a first step to actually having a system where the producers (agents/performers) could order the health limits forms and cooperative billing that would share costs between producers/agents/performers by usage during any testing period. Doing it this way would be OSHA compliance according to the draft policy that hasn’t been submitted for public input yet.

I hope it has prior date entry available for those producers and agents who haven’t been using it that will be able to input when HIV shows up giving more breadth to partner notification to use the limits form quarantine method vs the industry moratorium which is ignored.