Utah Admin. Code R590-132-4 - Rule
(1) No individual
with HIV infection will be singled out for unfairly discriminatory or
preferential treatment for insurance purposes.
(2) To properly classify risks related to
covering a prospective insured, an insurer may require reasonable
testing.
(3) The application
process must conform to the guidelines in Subsections (3)(a) through (f).
(a) No inquiry in an accident and health
insurance application or a life insurance application may be directed toward
determining the applicant's sexual orientation.
(b) No insurer or insurance support
organization on the insurer's behalf may conduct an investigation in connection
with an accident and health insurance application or a life insurance
application to determine the applicant's sexual orientation.
(c) Sexual orientation may not be used in the
underwriting process or to determine insurability.
(d) Insurance applicant testing shall be
administered in a fair manner.
(e)
If an insurer rates substandard or declines a prospective insured because of
HIV infection , the insurer must base the decision on appropriate confirmatory
tests.
(f) No person may require an
individual applying for insurance to take an HIV test unless the individual
signs a written release that includes:
(i) a
statement explaining the test' s purpose, content, and use ;
(ii) a statement regarding disclosure of the
test results, explaining to the applicant the following:
(A) the effect of releasing information to a
person working in the insurance business;
(B) the insurer may disclose test results to
others involved in the underwriting and claims review processes ;
(C) if the HIV test is positive, the person
conducting the test or the provider receiving the test results will report the
results to the local health department ; and
(D) if the insurer is a member of the Medical
Information Bureau ("MIB, Inc."), the insurer may report the test results to
MIB, Inc. in a generic code that signifies only non-specific test
abnormalities; and
(iii)
a provision for the applicant to designate a health care professional to
receive any positive screen results for post-test counseling.
Notes
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