R590. Insurance, Administration.R590-132. Insurance Treatment of Human Immunodeficiency Virus (HIV) Infection.
R590-132-1. Authority.
This rule is promulgated by the commissioner pursuant to Section 31A-2-201.
R590-132-2. Purpose and Scope.
(1) The purpose of this rule is to:
(a) identify and restrict unfairly discriminatory underwriting, classification, or declination practices regarding HIV infection; and
(b) establish guidelines for the confidentiality of HIV-related testing.
(2) This rule applies to each licensee authorized to conduct insurance business.
R590-132-3. Definitions.
Terms used in this rule are defined in Section 31A-1-301. Additional terms are defined as follows:
(1) "HIV" means the Human Immunodeficiency Virus.
(2) "HIV infection" means HIV is present in an individual and was detected by:
(a) the presence of HIV antibodies that are verified by an appropriate confirmatory test;
(b) the presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
R590-132-4. Rule.
(1) No individual with HIV infection will be singled out for unfairly discriminatory or preferential treatment for insurance purposes.
(2) To properly classify risks related to covering a prospective insured, an insurer may require reasonable testing.
(3) The application process must conform to the guidelines in Subsections (3)(a) through (f).
(a) No inquiry in an accident and health insurance application or a life insurance application may be directed toward determining the applicant's sexual orientation.
(b) No insurer or insurance support organization on the insurer's behalf may conduct an investigation in connection with an accident and health insurance application or a life insurance application to determine the applicant's sexual orientation.
(c) Sexual orientation may not be used in the underwriting process or to determine insurability.
(d) Insurance applicant testing shall be administered in a fair manner.
(e) If an insurer rates substandard or declines a prospective insured because of HIV infection, the insurer must base the decision on appropriate confirmatory tests.
(f) No person may require an individual applying for insurance to take an HIV test unless the individual signs a written release that includes:
(i) a statement explaining the test's purpose, content, and use;
(ii) a statement regarding disclosure of the test results, explaining to the applicant the following:
(A) the effect of releasing information to a person working in the insurance business;
(B) the insurer may disclose test results to others involved in the underwriting and claims review processes;
(C) if the HIV test is positive, the person conducting the test or the provider receiving the test results will report the results to the local health department; and
(D) if the insurer is a member of the Medical Information Bureau ("MIB, Inc."), the insurer may report the test results to MIB, Inc. in a generic code that signifies only non-specific test abnormalities; and
(iii) a provision for the applicant to designate a health care professional to receive any positive screen results for post-test counseling.
R590-132-5. Dissemination.
Each insurer shall distribute a copy of this rule or an equivalent summary to all personnel engaged in activities requiring knowledge of this rule, and shall instruct each individual engaged in those activities on the rule's purpose, scope, and operation.
R590-132-6. Confidentiality.
(1) Except as provided in Subsection R590-132-4(3)(f):
(a) a licensee shall hold an applicant's positive or indeterminate records that refer to HIV status as confidential records under restricted access; and
(b) a licensee may not re-release the records unless the applicant authorizes the re-disclosure.
(2) Re-release and re-disclosure are required when the applicant's test results are to be used for purposes other than the initial release.
R590-132-7. Severability.
