Or. Admin. Code § 836-050-0255 - Inquiries Regarding Past Test Results

Insurers may ask whether an applicant has tested positive in any HIV antibody test, subject to the following restrictions:

(1) General questions asking only whether the applicant has taken such a test, regardless of outcome, are prohibited.

(2) Except as provided in this section, an insurer may not rate or deny coverage based merely on an affirmative response on the application to a questions about past test results. Before rating or denying coverage, the insurer must confirm a positive result to the full test protocol described in OAR 836-050-0250 through medical records or current retesting unless:

(a) The applicant fails to respond to a request by the insurer for the medical records or for retesting; or

(b) The insurer is informed that the applicant declines such further testing.

Notes

Or. Admin. Code § 836-050-0255

ID 6-1987(Temp), f. & cert. ef. 11-9-88; ID 10-1988, f. & cert. ef. 6-10-88

Stat. Auth.: ORS 433, ORS 731, ORS 743 & ORS 746

Stats. Implemented: ORS 433.045(7), ORS 742.00 & ORS 746.240