Ariz. Admin. Code § R20-6-1203 - Testing for Hiv; Consent Form
A. An insurer may test for HIV infection in
the same way that the insurer tests for other conditions that affect mortality
and morbidity. No adverse underwriting decision shall be made on the basis of a
positive result to an HIV-related test unless the result consists of both a
positive screening test such as enzyme-linked immunoassay (ELISA) and a
positive supplemental test such as a Western Blot. All such tests used shall be
approved and licensed by the Food and Drug Administration and conducted in
accordance with the manufacturers' directions for use, including but not
limited to the manufacturers' specified interpretation of positivity.
B. If an applicant is requested to take an
HIV-related test in connection with an application for a life or disability
insurance policy or a health care plan, the insurer shall reveal the use of
such test to the applicant and shall obtain the written consent of the
applicant prior to the administration of such test. The insurer shall allow the
applicant up to 10 days within which to decide whether or not to sign the
consent form, and no adverse underwriting decision may be made on the basis of
the applicant's delay during this time period. Insurers need not provide
pretest counseling to applicants but shall advise applicants of the
availability of counseling in accordance with subsection (C) of this
rule.
C. The written consent form,
which shall be approved by the Director in advance of its use, shall contain
the following information:
1. Purpose of the
consent form. The form shall contain a clear disclosure that the test to be
performed is a test for the presence of HIV antibodies, antigens, or the virus,
and that underwriting decisions will be based on the results of such test. The
form shall further provide notice of a period of not less than 10 days during
which the applicant may decide whether or not to sign the form, along with a
disclosure that the applicant's refusal to be tested may be used as a reason to
deny coverage.
2. Information on
HIV. The form shall provide clear, concise, and accurate information on how the
disease is spread and what behavior places persons at risk of contracting the
virus.
3. Pretest counseling
considerations. The written consent form shall contain information advising the
applicant that counseling is recommended by many public health organizations
and that the applicant may obtain such counseling at the applicant's own
expense. The form shall contain current information as provided by the
Department regarding the availability in Arizona of free confidential or
anonymous counseling through county health departments and through other
governmental or government-funded agencies.
4. Disclosure of test results. The form shall
advise the applicant that all test results shall be treated confidentially and
that results shall be released only to the applicant and the named insurer or
upon the applicant's written consent or as otherwise required or allowed by
law, including but not limited to the release of information to the Department
of Health Services as provided by law.
5. Meaning of positive test results. The form
shall advise the applicant of the type of test (including but not limited to
antibody, antigen, or viral culture) to be used, and that a positive test
result indicates that the applicant has been infected with HIV but does not
necessarily have AIDS. The form shall explain that a positive test result will
adversely affect the application for insurance.
6. Consent. The consent form shall contain an
attestation to be signed by the applicant or, if the applicant lacks legal
capacity to consent, a person authorized pursuant to law to consent on behalf
of the applicant, that he or she has read and understands the written consent
form and voluntarily consents to the performance of a test for HIV and to the
disclosure of the test results as described in the consent form. The applicant
or the applicant's legal representative shall have the right to request and
receive a copy of the written consent form. A photocopy of the form shall be as
valid as the original.
7. Optional
release of information to personal physician. In addition to the release of
information to the insurer provided in the consent form, the applicant may, at
the applicant's option, consent to the release of information to the
applicant's personal physician. The form shall provide for such release to be
separately signed and dated by the applicant, or if the applicant lacks legal
capacity to consent, by a person authorized pursuant to law to consent on
behalf of the applicant.
8. Time
period during which release of information is effective. The consent form shall
specify the time period during which any and all release provisions of the
consent form shall be effective, but in no case shall such time period exceed
180 days from the date the consent form is signed by the applicant or the
applicant's legal representative. No HIV-related information shall be released
to any person after the expiration of that time period unless the insurer
obtains the express written consent, pursuant to
R20-6-1204, of the applicant or, if the applicant lacks legal capacity to consent, by a
person authorized by law to consent on behalf of the applicant.
Notes
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