A physical or mental impairment is defined as any physical, sensory, or mental impairment which substantially limits one or more of a person's major life activities. An insurer may refuse to insure, limit coverage, or charge different rates only if based on sound actuarial principles or actual and reasonably anticipated experience. Every policy of disability insurance which covers hospital, medical, or surgical expenses on a group basis must offer coverage to physically disabled members of the group under the same terms and conditions as are offered to other group members. The group policies are not required to cover hospital, medical, or surgical expenses which arise as a direct result of an individual's physical disability. There are mandatory and uniform standards for HIV testing and for determining insurability.
Strict confidentiality is required of personal information obtained through testing.
No insurance plan or nonprofit hospital service corporation providing individual or group health care service can limit the extent or kind of coverage available, refuse to cover, or charge a different rate solely because of an individual's physical or mental impairment. A plan can only refuse to insure, limit coverage, or charge different rates if based on sound actuarial principles or underwriting practices. A group health plan cannot discriminate against disabled individuals or groups with disabled members, although it may reasonably exclude coverage for services related to the disabling condition. Life and disability income insurers are prohibited from requiring an HIV antibody test if the results would be used to determine eligibility for hospital, medical or surgical insurance coverage or for coverage under a hospital service plan or health care service plan. An insurer may not delay more than 60 days in the payment or provision of hospital, medical or surgical benefits for AIDS or AIDS-related complex for the purpose of investigating whether the condition arose prior to commencement of coverage.