Section 760 IAC 1-39-5 - Testing requirements and protocolAuthority: IC 27-1-3-7
Affected: IC 27-1-3-19; IC 27-1-12-13; IC 27-8-5-1
Sec. 5.
An insurer may require a potential insured to submit to any medical tests, at the insurer's expense, the purpose of which is to determine infection with HIV, subject to the following conditions:
(1) The test is necessary to render a fully informed underwriting determination based upon sound actuarial principles concerning whether to accept or rate a particular risk.(2) Whenever an applicant is requested to take a test to determine HIV infection in connection with an application for insurance, the use of such a test must be revealed to the applicant and his or her written consent obtained. No adverse underwriting decision shall be made on the basis of such a positive test unless an established test protocol has been followed.(3) The following test protocol is established and must be the basis of an adverse underwriting determination:(A) Two (2) positive ELISA tests.(B) One (1) Western Blot test, which is not negative, must be obtained from the same sample b from tests conducted by a qualified laboratory. Notwithstanding, the commissioner may approve an alternative screening and confirmatory test protocol that utilizes a screening and confirmatory test approved by the federal Food and Drug Administration for detecting the presence of HIV or HIV antibodies that is no less accurate than ELISA and Western Blot protocol.
(4) All results of tests to determine HIV infection and application responses are confidential and shall not be shared with anyone other than the applicant, the applicant's physician, and the insurer's underwriting department, except as follows: (A) Test results and application responses may be shared with underwriting departments of affiliates of the insurer and reinsurers, who shall be subject to all provisions of this rule as if they were the insurer to which application was originally made.(B) Test results may be reported to the Medical Information Bureau, Inc., provided that: (i) the insurer will not report that tests of an applicant showed the presence of HIV, but only that unspecified test results were abnormal; and(ii) reports must use a general code that also covers results of tests for many diseases or conditions that are not related to HIV or AIDS. Department of Insurance; 760 IAC 1-39-5; filed May 13, 1988, 10:30 a.m.: 11 IR 3557; filed Nov 5, 1999, 10:17 a.m.: 23 IR 571; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; readopted filed Nov 27, 2007, 4:01 p.m.: 20071226-IR-760070717RFA; readopted filed November 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFAReadopted filed 11/19/2019, 9:18 a.m.: 20191218-IR-760190497RFA