Insurers may ask whether an applicant has tested positive in any HIV antibody test, subject to the following restrictions:

1. (1) General questions asking only whether the applicant has taken such a test, regardless of outcome, are prohibited.

2. (2) Except as provided in this section, an insurer may not rate or deny coverage based merely on an affirmative response on the application to a questions about past test results. Before rating or denying coverage, the insurer must confirm a positive result to the full test protocol described in OAR 836-050-0250 through medical records or current retesting unless:

   1. (a) The applicant fails to respond to a request by the insurer for the medical records or for retesting; or
   2. (b) The insurer is informed that the applicant declines such further testing.

Statutory/Other Authority

ORS 433, 731, 743 & 746

Statutes/Other Implemented

ORS 433.045(7), 742.00 & 746.240

History

ID 10-1988, f. & cert. ef. 6-10-88
ID 6-1987(Temp), f. & cert. ef. 11-9-88