Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 36.00 - The Use Of Aids-related Information For Life And Health Insurance And Informed Consent › Section 36.04 - Informed Consent

Current through Register 1525, July 5, 2024
(1) Before a
			 carrier may conduct an HIV test, the individual to be tested must give prior
			 written informed consent to such testing to the carrier, laboratories and blood
			 testing centers or agents in compliance with the requirements of 211 CMR 36.04.
			 Such consent shall be based on an understanding by the individual to be tested
			 that the test is being performed, of the nature of the test, of the persons or
			 entities which will or may have access to the test results or to which the
			 results of that test may be disclosed, of the purpose for which the test
			 results may be used, and of any reasonably foreseeable risks and benefits
			 resulting from the test.
(2) Such
			 informed consent shall include, at a minimum, the following disclosures:
(a) The carrier shall provide to the
			 individual the following information in writing:
1.notification of the purpose(s) of the HIV
			 test(s), including whether the test is required as a condition of obtaining an
			 insurance benefit;
2.information
			 concerning the effect(s) of the test result(s) on the approval of the
			 application, or the risk classification of the individual;
3.information explaining HIV and AIDS,
			 including without limitation, the following:
a.the nature of the HIV test(s), including
			 the name(s) of the test(s) to be performed, and the degree of reliability of
			 each of the tests, including the risks of false negative results and false
			 positive results;
b.the meaning of
			 the results of the test(s), including the implication of a positive HIV test
			 result for developing AIDS, a description of HIV and AIDS, its major risk
			 groups, symptoms, and the potential for adverse psychological effects to the
			 individual upon being tested and upon learning of a positive test
			 result;
4.a description
			 of the carrier's confidentiality standards and procedures, including full
			 disclosure of any potential use that may be made of the test results or
			 HIV-related information about the individual, and the extent to which the
			 carrier restricts access to such results and information;
5.a complete description of the persons or
			 entities which may reasonably be expected to have access to the test results or
			 any other HIV-related information about the individual as permitted under
			 211 CMR 36.00 and the
			 purposes for which such results or information would be provided to such
			 persons or entities;
6.a statement
			 concerning the availability of free, anonymous or confidential HIV testing,
			 with the opportunity for both pre-test and post-test counseling;
7.a statement that the individual may wish to
			 obtain counseling before undergoing the HIV test because of the serious nature
			 of HIV and AIDS, and that if an individual waits to sign the consent form for
			 up to 21 days from the date the test was requested by the carrier or insurance
			 producer, absent changes in underwriting factors, that delay will not prejudice
			 the application for insurance benefits;
8.a statement that HIV-related information
			 concerning the individual maintained by the carrier will be available to the
			 individual directly, or indirectly through a designated physician if preferred
			 by the individual, upon his or her written request, and at no more than the
			 reasonable cost of photocopying; and
9.a statement that if the individual believes
			 that his or her rights concerning the confidentiality of HIV-related
			 information have been violated he or she may contact the Division of Insurance.