2023 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.