§ 40:1171.1 — Purpose; intent; insurance and R.S. 40:1157.3 not affected

Louisiana § 40:1171.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1171.1. Purpose; intent; insurance and R.S. 40:1157.3 not affected
The legislature recognizes that confidentiality protection for information related to
human immunodeficiency virus (HIV) infection and acquired immunodeficiency syndrome
(AIDS) is an essential public health measure. In order to retain the full trust and confidence
of persons at risk, the state has an interest both in assuring that HIV test results are not
improperly disclosed and in having clear and certain rules for the disclosure of such
information. By providing additional protection for the confidentiality of HIV test results,
the legislature intends to encourage the expansion of voluntary confidential testing for HIV
so that individuals may come forward, learn their health status, make decisions regarding the
appropriate treatment, and change behaviors that put them and others at risk of infection.
The legislature also recognizes that confidentiality protections can limit the risk of
discrimination and the harm to an individual's interest in privacy that unauthorized disclosure
of HIV test results can cause. It is not the intent of the legislature to create any new right,
right of action, or cause of action or eliminate any right, right of action, or cause of action
existing under current law. It is further not the intent of the legislature that this Chapter
repeal, amend, or in any way affect the provisions of R.S. 40:1157.3 relative to the ability of
a physician or employee of a hospital who may become infected with HIV to test the blood
of a patient without the patient's consent. It is the intent of the legislature that in the case of
a person applying for or already insured under an insurance policy, who will be or has been
the subject of a test to determine infection for HIV, all facets of insurers' practices in
connection with HIV-related testing and HIV test results and all facets of other entities' and
individuals' interactions with insurers relating to HIV-related testing or HIV test results shall
be governed exclusively by Title 22 of the Louisiana Revised Statutes of 1950 and any
regulations promulgated pursuant thereto by the commissioner of insurance who shall have
the authority to promulgate such regulations.

Legislative History

Acts 1991, No. 1054, §1; Acts 2012, No. 600, §2, eff. June 7, 2012; Acts 2012, No. 759, §2, eff. June 12, 2012; Redesignated from R.S. 40:1300.11 by HCR 84 of 2015 R.S; Acts 2018, No. 206, §4.