A. Prior to or at
the time an applicant is requested to obtain an HIV Test, the insurer or
nonprofit entity shall notify the applicant of the availability of Post-test
Counseling if test results are positive
B.
Post-test counseling.
"Post-test counseling" must include:
1. Personal counseling that includes, at a
minimum, a discussion of:
(a) The test
results and the reliability and significance of the test results. The person
providing post-test counseling shall communicate the result confidentially and
through personal contact;
(b)
Information on good preventive practices and risk reduction plans;
and
(c) Referrals for medical care
and information and referrals for support services, including social, emotional
support and legal services, as needed;
2. An entry in the medical record of the
person being counseled summarizing the contents of the discussion;
and
3. The offer of face-to-face
counseling. If the subject of the test declines, the provider of the test may
provide an alternative means of providing the information required by paragraph
1.
4. In addition to meeting the
requirements outlined above, the provider of an HIV test must give to the
person being counseled a written document containing information on the
subjects described in paragraph 1 above.
C. Post-test Counseling may be performed by a
licensed physician, licensed psychologist, licensed clinical social worker,
licensed nurse, or qualified and registered physician's assistant. Licensing or
registration shall be by the State of Maine or, when the applicant seeks
counseling in another jurisdiction, by a jurisdiction with similar licensing
requirements. For the purpose of this Rule, counseling performed by one of the
referenced professionals shall be called Professional Counseling.
D. Post-test Counseling may also be performed
by any person who has completed a course in AIDS counseling under the direction
of the Maine Department of Human Services. For the purpose of this Rule,
counseling provided by a person who has completed the prescribed course and who
is not a professional of a type listed in subsection (2(A) shall be called Voluntary
Counseling.
E. Professional
Post-test Counseling shall be available to all applicants whether or not
Voluntary Post-test Counseling is available. Professional Counseling shall be
provided by the professional selected by the applicant. The applicant may seek
Professional Counseling from the counselor of his/her choice.
F. Where both Voluntary and Professional
Post-test Counseling are available, the applicant may elect to have either
Voluntary or Professional Counseling.
G. Positive Test Results
At or prior to the time positive HIV Test results are
released to the person designated by the applicant or prior to the time
positive HIV Test results are released to the applicant, if no physician or
other person is designated by the applicant, the insurer or nonprofit entity
must notify the person designated or the applicant:
1. Of the availability of HIV Post-test
Counseling; and
2. That the insurer
or nonprofit entity will pay the usual and customary charge for one session of
Professional or Voluntary Post-test Counseling received by the applicant.
(Drafting Note: The Maine Department of Human
Services has recommended that certain information be considered at a Post-test
Counseling session. The Department's current recommendation is contained in
Attachment C.)
H. Release of test results to Healthcare
Provider
In the event of positive or indeterminate test results and in
the event that the applicant has not designated a health care provider to
receive test results, the insurer shall provide written notification to the
applicant that an abnormal test result has been obtained, recommend that a
health care provider be authorized to receive test results, and recommend the
applicant consult that provider.
