§ 2611 — HIV written informed consent

New York § 2611

• Jurisdiction: New York
• Law ISC: Insurance
• Art. 26: Unfair Claim Settlement Practices; Other Misconduct; Discrimination

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