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This entry was published on 2014-09-22
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SECTION 2611
HIV written informed consent
Insurance (ISC) CHAPTER 28, ARTICLE 26
§ 2611. HIV written informed consent. (a) No insurer or its designee
shall request or require an individual proposed for insurance coverage
to be the subject of an HIV related test without receiving the written
informed consent of such individual prior to such testing and without
providing general information about AIDS and the transmission of HIV
infection.

(b) Written informed consent to an HIV related test shall consist of a
written authorization that is dated and includes at least the following:

(1) a general description of the test;

(2) a statement of the purpose of the test;

(3) a statement that a positive test result is an indication that the
individual may develop AIDS and may wish to consider further independent
testing;

(4) a statement that the individual may identify on the authorization
form the person to whom the specific test results may be disclosed in
the event of an adverse underwriting decision, which person may be the
individual or a physician or other designee at the discretion of the
individual proposed for insurance;

(5) the department of health's statewide toll-free telephone number
that may be called for futher information about AIDS, the meaning of HIV
related test results, and the availability and location of HIV related
counseling services; and

(6) the signature of the applicant or individual proposed for
insurance, or if such individual lacks capacity to consent, the
signature of such other person authorized to consent for such
individual.

(c) In the event that an insurer's adverse underwriting decision is
based in whole or in part on the result of an HIV related test, the
insurer shall notify the individual of the adverse underwriting decision
and ask the individual to elect in writing, unless the individual has
already done so, whether to have the specific HIV related test results
disclosed directly to the individual or to such other person as the
individual may designate. If the individual elects to receive the HIV
related test results directly, the insurer shall advise the individual
that he or she may call the department of health's statewide toll-free
telephone number for further information about AIDS, the meaning of HIV
related test results, and the availability and location of HIV related
counseling services and shall also advise such individual to consult
with a physician about the meaning of and need for counseling, where
appropriate, as to the HIV related test results.

(d) As used in this section, the following terms shall have the
following meanings:

(1) "Adverse underwriting decision" means:

(A) a declination of insurance coverage as applied for; or

(B) an offer to issue insurance coverage at a higher than standard
rate.

(2) "AIDS" means acquired immune deficiency syndrome, as may be
defined from time to time by the centers for disease control of the
United States public health service.

(3) "HIV infection" means infection with the human immunodeficiency
virus or any other related virus identified as a probable causative
agent of AIDS.

(4) "HIV related test" means any laboratory test or series of tests
for any virus, antibody, antigen or etiologic agent whatsoever thought
to cause or to indicate the presence of AIDS.

(e) Any person who violates this section shall be subject to the
provisions of article twenty-four of this chapter.

(f) Nothing in this section shall be construed to create, impair,
alter, limit, modify, enlarge, abrogate or restrict the specific
authority of the department to allow or prohibit the use of HIV related
tests or the consideration of HIV related test results for insurance
coverage purposes.