N.Y. Comp. Codes R. & Regs. Tit. 11 § 52.27 - Rules relating to the sale of health insurance and settlement of health insurance claims

The following are limitations affecting the underwriting, rating or administration of claims relating to policies or contracts providing hospital and/or medical expense or indemnity benefits. No insurer shall when underwriting, rating or administering claims relating to such policies or contracts:

(a) request any applicant to submit to a body fluid test for evidence of human immunodeficiency virus (HIV), antibodies to or antigens of the probable causative agent of acquired immune deficiency syndrome (AIDS);

(b) request of any applicant or insured whether they have obtained a body fluid test for evidence of human immunodeficiency virus (HIV), antibodies to or antigens of the probable causative agent of acquired immune deficiency syndrome (AIDS) or the result of such test; or

(c) consider or use the result of any body fluid test for evidence of human immunodeficiency virus (HIV), antibodies to or antigens of the probable causative agent of acquired immune deficiency syndrome (AIDS), regardless of the sources of or method used to obtain such result.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 11 § 52.27