NY Ins L § 2611 (2021)
2021 New York Laws ISC - Insurance Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination 2611 - HIV Written Informed Consent.

§  2611.  HIV written informed consent. (a) No insurer or its designee shall request or require an individual proposed for  insurance  coverage to  be  the subject of an HIV related test without receiving the written informed consent of such individual prior to such  testing  and  without providing  general  information  about  AIDS and the transmission of HIV infection.  (b) Written informed consent to an HIV related test shall consist of a written authorization that is dated and includes at least the following:  (1) a general description of the test;  (2) a statement of the purpose of the test;  (3) a statement that a positive test result is an indication that  the individual may develop AIDS and may wish to consider further independent testing;  (4)  a statement that the individual may identify on the authorization form the person to whom the specific test results may  be  disclosed  in the  event  of an adverse underwriting decision, which person may be the individual or a physician or other designee at  the  discretion  of  the individual proposed for insurance;  (5)  the  department  of health's statewide toll-free telephone number that may be called for futher information about AIDS, the meaning of HIV related test results, and the availability and location of  HIV  related counseling services; and  (6)  the  signature  of  the  applicant  or  individual  proposed  for insurance,  or  if  such  individual  lacks  capacity  to  consent,  the signature   of   such  other  person  authorized  to  consent  for  such individual.  (c) In the event that an insurer's adverse  underwriting  decision  is based  in  whole  or  in  part on the result of an HIV related test, the insurer shall notify the individual of the adverse underwriting decision and ask the individual to elect in writing, unless  the  individual  has already  done  so, whether to have the specific HIV related test results disclosed directly to the individual or to  such  other  person  as  the individual  may  designate.  If the individual elects to receive the HIV related test results directly, the insurer shall advise  the  individual that  he  or she may call the department of health's statewide toll-free telephone number for further information about AIDS, the meaning of  HIV related  test  results, and the availability and location of HIV related counseling services and shall also advise  such  individual  to  consult with  a  physician  about  the meaning of and need for counseling, where appropriate, as to the HIV related test results.  (d) As used in this  section,  the  following  terms  shall  have  the following meanings:  (1) "Adverse underwriting decision" means:  (A) a declination of insurance coverage as applied for; or  (B)  an  offer  to  issue insurance coverage at a higher than standard rate.  (2) "AIDS" means  acquired  immune  deficiency  syndrome,  as  may  be defined  from  time  to  time  by the centers for disease control of the United States public health service.  (3) "HIV infection" means infection with  the  human  immunodeficiency virus  or  any  other  related  virus identified as a probable causative agent of AIDS.  (4) "HIV related test" means any laboratory test or  series  of  tests for  any  virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of AIDS.  (e) Any person who violates this  section  shall  be  subject  to  the provisions of article twenty-four of this chapter.  (f)  Nothing  in  this  section  shall be construed to create, impair, alter,  limit,  modify,  enlarge,  abrogate  or  restrict  the  specific authority  of the department to allow or prohibit the use of HIV related tests or the consideration of HIV related  test  results  for  insurance coverage purposes.