505.16 Applications for insurance — human immunodeficiency virus tests — restrictions.
1. A person engaged in the business of insurance shall not require a test of an individual in connection with an application for insurance for the presence of an antibody to the human immunodeficiency virus unless the individual provides a written release on a form approved by the insurance commissioner. The form shall include information regarding the purpose, content, use, and meaning of the test, disclosure of test results including information explaining the effect of releasing the information to a person engaged in the business of insurance, the purpose for which the test results may be used, and other information approved by the insurance commissioner. The form shall also authorize the person performing the test to provide the results of the test to the insurance company subject to rules of confidentiality, consistent with section 141A.9, approved by the insurance commissioner. As used in this section, “a person engaged in the business of insurance” includes hospital service corporations organized under chapter 514 and health maintenance organizations subject to chapter 514B.
2. The insurance commissioner shall approve rules for carrying out this section including rules relating to the preparation of information to be provided before and after a test and the protection of confidentiality of personal and medical records of insurance applicants and policyholders. The rules shall require a person engaged in the business of insurance who receives results of a positive human immunodeficiency virus test of an insurance applicant or policyholder to report those results to a physician or alternative testing site of the applicant’s or policyholder’s choice, or if the applicant or policyholder does not choose a physician or alternative testing site to receive the results, to the Iowa department of public health.
88 Acts, ch 1234, §7; 99 Acts, ch 181, §17; 2006 Acts, ch 1117, §15
Referred to in §141A.7
Structure Iowa Code
Chapter 505 - INSURANCE DIVISION
Section 505.1 - Insurance division created.
Section 505.2 - Appointment and term of commissioner.
Section 505.4 - Deputy — assistants — bond.
Section 505.5 - Expenses — salary.
Section 505.6 - Documents and records.
Section 505.7 - Fees — expenses of division — assessments.
Section 505.7A - Civil penalties.
Section 505.8 - Commissioner’s general powers and duties — consumer advocate bureau established.
Section 505.9 - Ex officio receiver.
Section 505.10 - Expenses attending liquidation.
Section 505.12 - Life insurance — annual report.
Section 505.13 - Other insurance — annual report by the division.
Section 505.14 - Foreign insurers — reciprocal provisions.
Section 505.15 - Actuarial, professional, and specialist staff.
Section 505.16 - Applications for insurance — human immunodeficiency virus tests — restrictions.
Section 505.17 - Confidential information.
Section 505.18 - Health care insurance quality and costs — annual report.
Section 505.18A - State innovation waivers.
Section 505.19 - Health insurance rate increase applications — public hearing and comment.
Section 505.20 - Certain agricultural organizations exempt from regulation.
Section 505.21 - Health care access — duties of commissioner — penalties.
Section 505.22 - Certain religious organization activities exempt from regulation.
Section 505.24 - Sale of policy term information by consumer reporting agency.
Section 505.27 - Medical malpractice insurance — annual claims reports required.
Section 505.27A - Sale of life insurance to military personnel.
Section 505.28 - Consent to jurisdiction.
Section 505.29 - Administrative hearings — authority to appoint hearing officer.
Section 505.31 - Reimbursement accounts — assistance to small employers.