Arizona Administrative Code › Title 20 - COMMERCE, FINANCIAL INSTITUTIONS, AND INSURANCE › Chapter 06 - DEPARTMENT OF INSURANCE AND FINANCIAL INSTITUTIONS - INSURANCE DIVISION › Article 12 - HIV/AIDS: PROHIBITED AND REQUIRED PRACTICES › Section R20-6-1203 - Testing for Hiv; Consent Form

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				An insurer may test for HIV infection in the same way that the insurer tests
				for other conditions that affect mortality and morbidity. No adverse
				underwriting decision shall be made on the basis of a positive result to an
				HIV-related test unless the result consists of both a positive screening test
				such as enzyme-linked immunoassay (ELISA) and a positive supplemental test such
				as a Western Blot. All such tests used shall be approved and licensed by the
				Food and Drug Administration and conducted in accordance with the
				manufacturers' directions for use, including but not limited to the
				manufacturers' specified interpretation of positivity.
B. If an applicant is requested to take an
				HIV-related test in connection with an application for a life or disability
				insurance policy or a health care plan, the insurer shall reveal the use of
				such test to the applicant and shall obtain the written consent of the
				applicant prior to the administration of such test. The insurer shall allow the
				applicant up to 10 days within which to decide whether or not to sign the
				consent form, and no adverse underwriting decision may be made on the basis of
				the applicant's delay during this time period. Insurers need not provide
				pretest counseling to applicants but shall advise applicants of the
				availability of counseling in accordance with subsection (C) of this
				rule.
C. The written consent form,
				which shall be approved by the Director in advance of its use, shall contain
				the following information:
1. Purpose of the
				consent form. The form shall contain a clear disclosure that the test to be
				performed is a test for the presence of HIV antibodies, antigens, or the virus,
				and that underwriting decisions will be based on the results of such test. The
				form shall further provide notice of a period of not less than 10 days during
				which the applicant may decide whether or not to sign the form, along with a
				disclosure that the applicant's refusal to be tested may be used as a reason to
				deny coverage.
2. Information on
				HIV. The form shall provide clear, concise, and accurate information on how the
				disease is spread and what behavior places persons at risk of contracting the
				virus.
3. Pretest counseling
				considerations. The written consent form shall contain information advising the
				applicant that counseling is recommended by many public health organizations
				and that the applicant may obtain such counseling at the applicant's own
				expense. The form shall contain current information as provided by the
				Department regarding the availability in Arizona of free confidential or
				anonymous counseling through county health departments and through other
				governmental or government-funded agencies.
4. Disclosure of test results. The form shall
				advise the applicant that all test results shall be treated confidentially and
				that results shall be released only to the applicant and the named insurer or
				upon the applicant's written consent or as otherwise required or allowed by
				law, including but not limited to the release of information to the Department
				of Health Services as provided by law.
5. Meaning of positive test results. The form
				shall advise the applicant of the type of test (including but not limited to
				antibody, antigen, or viral culture) to be used, and that a positive test
				result indicates that the applicant has been infected with HIV but does not
				necessarily have AIDS. The form shall explain that a positive test result will
				adversely affect the application for insurance.
6. Consent. The consent form shall contain an
				attestation to be signed by the applicant or, if the applicant lacks legal
				capacity to consent, a person authorized pursuant to law to consent on behalf
				of the applicant, that he or she has read and understands the written consent
				form and voluntarily consents to the performance of a test for HIV and to the
				disclosure of the test results as described in the consent form. The applicant
				or the applicant's legal representative shall have the right to request and
				receive a copy of the written consent form. A photocopy of the form shall be as
				valid as the original.
7. Optional
				release of information to personal physician. In addition to the release of
				information to the insurer provided in the consent form, the applicant may, at
				the applicant's option, consent to the release of information to the
				applicant's personal physician. The form shall provide for such release to be
				separately signed and dated by the applicant, or if the applicant lacks legal
				capacity to consent, by a person authorized pursuant to law to consent on
				behalf of the applicant.
8. Time
				period during which release of information is effective. The consent form shall
				specify the time period during which any and all release provisions of the
				consent form shall be effective, but in no case shall such time period exceed
				180 days from the date the consent form is signed by the applicant or the
				applicant's legal representative. No HIV-related information shall be released
				to any person after the expiration of that time period unless the insurer
				obtains the express written consent, pursuant to
				R20-6-1204,
				of the applicant or, if the applicant lacks legal capacity to consent, by a
				person authorized by law to consent on behalf of the applicant.