§19203-A requires that an HIV test be
voluntary and undertaken only with a patient's knowledge and understanding that
an HIV test is planned. A written informed consent of the person to be tested
must be obtained prior to testing. Informed Consent forms as required by
§19203-A shall be filed with the
Superintendent of Insurance consistent with
§2412 and subject to 24-A § 601
filing fee requirements.
Informed Consent forms may be in the standardized format provided by Attachment
A. The form may be filed in a different format if the basis for each divergence
from the standardized form is explained by the insurer or nonprofit entity and
the Superintendent finds that the proposed form includes all the information
contained in the standard form and is not inaccurate, misleading, or
inconsistent with any applicable law or rule.
When an Informed Consent form is filed by
the insurer or nonprofit entity with the Superintendent for approval, the
following disclosures shall be included in that filing:
1. HIV testing protocol employed;
2. Manner of reporting HIV test results to
the Medical Information Bureau (MIB);
3. Nature of written AIDS informational
materials provided to the applicant, including copies of material if not widely
providing post-test counseling.
At least 30 days prior to implementing any change in the
procedures or material disclosed in Paragraphs 1 through 4, the insurer or
nonprofit entity shall file any proposed changes with the
D. The Informed Consent form shall not be
approved if the disclosure provided pursuant to Subsection C, Paragraphs 1
through 4 indicates that the insurer or nonprofit entity has not complied with
relevant provisions of Maine law or this Rule.
E. Each insurer or nonprofit entity utilizing
a written form as proof of the process of obtaining the informed consent of
applicants for insurance to take an HIV test shall read that form aloud to the
applicant prior to his or her signing of the form.
F. If an applicant is required to submit a
second sample for testing, notification of this requirement shall be in
writing, and shall include notification of the continued availability of