02-031 C.M.R. ch. 490, § 6 - Test Results and Counseling

Current through 2022-14, April 6, 2022

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.


02-031 C.M.R. ch. 490, § 6

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