Ohio Revised Code
Chapter 3901 | Superintendent of Insurance
Section 3901.46 | Requiring HIV Testing.

Effective: February 12, 2004
Latest Legislation: House Bill 6 - 125th General Assembly
As used in this section, "membership organization" means a fraternal or other association or group of individuals involved in the same occupation, activity, or interest that is organized and maintained in good faith for purposes other than to obtain insurance and is not organized or maintained for the purpose of engaging in activities for gain or profit.
(A) In underwriting an individual policy of life or sickness and accident insurance or a group policy of life or sickness and accident insurance providing coverage for members of a membership organization, an insurer may require an applicant for coverage under the policy to submit to an HIV test only in conjunction with tests for other health conditions. No applicant shall be required to submit to an HIV test on the basis of the applicant's sexual orientation or factors described in division (C)(1) of section 3901.45 of the Revised Code that are used to ascertain the applicant's sexual orientation.
(B)(1) An insurer that requests an applicant to take an HIV test shall obtain the applicant's written consent for the test and shall inform the applicant of the purpose of the test. The consent form shall include information about the tests to be performed, the confidentiality of the results, procedures for notifying the applicant of the results, and a general interpretation of test results.
(2) The superintendent of insurance shall adopt rules under Chapter 119. of the Revised Code establishing the form and content of the consent required under division (B)(1) of this section.
(C) An insurer may disclose the results of a positive HIV test only to the following persons:
(1) The applicant;
(2) The applicant's or insured's physician or other health care provider if the applicant or insured provides the insurer with prior written consent for disclosure;
(3) Another person that the applicant or insured specifically designates in writing;
(4) A medical information exchange for insurers operated under procedures intended to ensure confidentiality, including the use of general codes for results of tests for a number of diseases and conditions as well as for AIDS or an AIDS-related condition.
(D) The HIV test or tests to be given the applicant shall be a test or tests approved by the director of health pursuant to division (B) of section 3701.241 of the Revised Code. Test results shall be interpreted strictly in accordance with guidelines for the use of the tests adopted by the director.
(E) The requirements of division (B) of section 3701.24 and sections 3701.242 and 3701.243 of the Revised Code do not apply to insurers in the underwriting of an individual policy of life or sickness and accident insurance or of a group policy of life or sickness and accident insurance providing coverage for members of a membership organization, except that an insurer may make use of the procedures in division (C) of section 3701.243 of the Revised Code.
(F) In underwriting a group policy of life or sickness and accident insurance, no insurer shall require an individual seeking coverage, other than an individual seeking coverage under the policy of a membership organization, to submit to an HIV test.
(G) A violation of this section is an unfair insurance practice under sections 3901.19 to 3901.26 of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 39 | Insurance

Chapter 3901 | Superintendent of Insurance

Section 3901.01 | Department of Insurance.

Section 3901.011 | Superintendent of Insurance - Powers and Duties.

Section 3901.02 | Appointment or Hiring of Employees.

Section 3901.021 | Department of Insurance Operating Fund.

Section 3901.03 | Warden - Duties - Office of Warden.

Section 3901.04 | Superintendent - Specific Powers.

Section 3901.041 | Rule-Making and Adjudicating Powers of Superintendent.

Section 3901.042 | Service and Transaction Fees.

Section 3901.043 | Fees for Services or Transactions Performed by Department of Insurance.

Section 3901.044 | Rules for Implementing Health Insurance Portability and Accountability Act.

Section 3901.045 | Receiving Confidential or Privileged Documents and Information.

Section 3901.046 | Electronic Signatures.

Section 3901.05 | Deputy Superintendent - Duties.

Section 3901.051 | Assistant Superintendent - Duties.

Section 3901.052 | Application for Innovative Waiver.

Section 3901.06 | Instruments Under Seal of the Superintendent.

Section 3901.07 | Examination of Financial Affairs of Insurer.

Section 3901.071 | Superintendent's Examination Fund.

Section 3901.072 | Corporate Governance Annual Disclosure Act.

Section 3901.073 | Corporate Governance Annual Disclosure.

Section 3901.074 | Format of Disclosure.

Section 3901.075 | Documents Deemed Proprietary.

Section 3901.076 | Retention of Third-Party Consultant.

Section 3901.077 | Rules.

Section 3901.078 | Penalty.

Section 3901.08 | Information From Banks.

Section 3901.09 | Duty of Bank Officers.

Section 3901.10 | Deficiency of Company Assets.

Section 3901.11 | Acquisition of Stock of Other Insurers.

Section 3901.12 | Interlocking Directorate.

Section 3901.13 | Hearing by Superintendent.

Section 3901.14 | Record and Report of Superintendent.

Section 3901.15 | Application of Law.

Section 3901.16 | Forfeiture.

Section 3901.17 | Personal Jurisdiction Over Foreign or Alien Insurer.

Section 3901.18 | Requirements for Unauthorized Foreign or Alien Insurer to Enter an Appearance.

Section 3901.19 | Unfair and Deceptive Practices Definitions.

Section 3901.20 | Prohibition Against Unfair or Deceptive Acts.

Section 3901.21 | Unfair and Deceptive Acts or Practices in Business of Insurance Defined.

Section 3901.211 | Lending of Money, Extension of Credit - Prohibited Acts.

Section 3901.212 | Consumer Protection Rules.

Section 3901.213 | Unfair and Deceptive Practices - Exceptions.

Section 3901.214 | Applicability of Prohibition on Inducements.

Section 3901.215 | Intent to Promote Innovation and Maintain Strong Consumer Protection.

Section 3901.22 | Hearings on Violation - Orders - Administrative Remedies.

Section 3901.221 | Cease-and-Desist Orders.

Section 3901.23 | Self-Incrimination.

Section 3901.24 | Unlawful Advertising.

Section 3901.241 | List of Top Twenty per Cent of Services and Expected Contributions.

Section 3901.25 | Action by Superintendent Against Insurer.

Section 3901.26 | Acts by Insurer Which Constitute Appointment of Superintendent as Attorney - Service of Statement.

Section 3901.27 | Adoption of Emergency Bylaws.

Section 3901.28 | Provisions Effective if No Emergency Bylaws.

Section 3901.29 | Succession List.

Section 3901.30 | Emergency Business Location.

Section 3901.31 | Filing Statements Indicating Ownership.

Section 3901.32 | Insurance Holding Company System Definitions.

Section 3901.321 | Mergers and Acquisitions of Domestic Insurers.

Section 3901.322 | Procedure for Violations.

Section 3901.323 | Jurisdiction.

Section 3901.33 | Registration; Enterprise Risk Report; Group Capital Calculation; Liquidity Stress Test.

Section 3901.34 | Transactions to Which Insurer Is a Party; Dividends and Distributions to Shareholders.

Section 3901.341 | Prior Review of Proposed Transactions.

Section 3901.35 | Requiring Production of Records.

Section 3901.351 | Participation in Supervisory College.

Section 3901.352 | Group-Wide Supervisor for Internationally Active Insurance Group.

Section 3901.36 | Confidential and Privileged Treatment of Documents and Information - Exceptions.

Section 3901.37 | Suspension, Revocation or Refusal to Renew License - Civil Forfeiture.

Section 3901.371 | Purpose of Sections 3901.371 to 3901.378.

Section 3901.372 | Definitions.

Section 3901.373 | Risk Management Framework.

Section 3901.374 | Own Risk and Solvency Assessment.

Section 3901.375 | Summary Report.

Section 3901.376 | Exemptions.

Section 3901.377 | Form and Content of Report; Review.

Section 3901.378 | Confidentiality.

Section 3901.38 | Prompt Payments to Health Care Providers Definitions.

Section 3901.381 | Third-Party Payers Processing Claims for Payment for Health Care Services.

Section 3901.382 | Electronic Submission of Claims.

Section 3901.383 | Contractual Agreements for Payments by Third-Party Payers.

Section 3901.384 | Untimely Claim Process.

Section 3901.385 | Third-Party Payer - Prohibited Acts.

Section 3901.386 | Reimbursement Contract - Reimbursements to Be Made Directly to Hospital - Assignment of Benefits.

Section 3901.387 | Duplicative Claims - Claim Information System.

Section 3901.388 | Payments Considered Final - Overpayment.

Section 3901.389 | Computation of Interest.

Section 3901.3810 | Complaints by Provider or Beneficiary - Retaliation by Payer.

Section 3901.3811 | Failure to Comply by Third-Party Payer.

Section 3901.3812 | Administrative Remedies.

Section 3901.3813 | Rules.

Section 3901.3814 | Exceptions to Provisions.

Section 3901.40 | Payment or Reimbursement to Unlicensed or Unaccredited Hospital Prohibited.

Section 3901.41 | Applicability of Uniform Electronics Transactions Act; Automated Transactions.

Section 3901.42 | Annual Filing With National Association of Insurance Commissioners.

Section 3901.44 | Records of Insurance Fraud Investigation.

Section 3901.45 | Effect of Sexual Orientation, Hiv, or AIDS or Related Condition.

Section 3901.46 | Requiring HIV Testing.

Section 3901.47 | Administration of Claims Unpaid Due to Insolvency of Insurer.

Section 3901.48 | Disclosing Work Papers Resulting From Conduct of Audit.

Section 3901.491 | Genetic Screening or Testing.

Section 3901.501 | Genetic Screening or Testing for Self-Insurance Plans.

Section 3901.51 | Uncertified Securities as Deposits Definitions.

Section 3901.52 | Insurance Company May Place Securities in Clearing Corporation or Federal Reserve Book-Entry System.

Section 3901.53 | Placement of Securities Shall Satisfy Deposit Requirements.

Section 3901.54 | Securities May Not Be Used for Other Purposes.

Section 3901.55 | Rules.

Section 3901.56 | Rewards or Incentives for Insurer Wellness or Health Improvement Programs.

Section 3901.61 | Credit for Reinsurance Ceded Definitions.

Section 3901.62 | Credit for Reinsurance Ceded as Asset or Reduction of Liability; Accreditation as Reinsurer.

Section 3901.621 | Suspension or Revocation of Reinsurer's Accreditation or Certification.

Section 3901.63 | Credit for Reinsurance Ceded as Reduction of Liability.

Section 3901.631 | Management of Reinsurance Recoverables by Domestic Ceding Insurer.

Section 3901.64 | Terms of Reinsurance or Security Agreement.

Section 3901.65 | Rules.

Section 3901.67 | Disclosure of Material Transactions Model Act Definitions.

Section 3901.68 | Provisions Application.

Section 3901.69 | Insurer to Report Material Transactions.

Section 3901.70 | Confidentiality of Reports - Exceptions.

Section 3901.71 | Application of Mandated Health Benefits.

Section 3901.72 | Money Advanced to Insurance Company or Health Insuring Corporation.

Section 3901.73 | Department to Forward Copy of Late Filing Notice to Board of Directors.

Section 3901.74 | Notice of Life Insurance Company Discontinuing Business.

Section 3901.75 | Notice of Insurance Companies Other Than Life Discontinuing Business.

Section 3901.76 | Security Valuation Expense Fund.

Section 3901.77 | Forms, Instructions, Manuals - Determination of Accounting Practices and Methods.

Section 3901.78 | Certificate of Compliance.

Section 3901.80 | Discriminating Against Living Organ Donors.

Section 3901.81 | Definitions.

Section 3901.811 | Pharmacy Audits.

Section 3901.812 | Rights of Pharmacy.

Section 3901.813 | Proceedings After Audit.

Section 3901.814 | Appeal Process.

Section 3901.815 | Applicability of Provisions.

Section 3901.82 | Restatement of the Law, Liability Insurance.

Section 3901.83 | Definitions for Sections 3901.83 to 3901.833.

Section 3901.831 | Implementation of Step Therapy Protocol.

Section 3901.832 | Step Therapy Exemption.

Section 3901.833 | Adoption of Rules.

Section 3901.86 | Retaliatory Provisions - Moneys Collected Paid to State Fire Marshal's Fund.

Section 3901.87 | No Coverage for Nontherapeutic Abortion.

Section 3901.88 | Actuarial Study Regarding Costs of Health Care Mandates.

Section 3901.89 | Health Plan Issuers Release Claim Information to Group Plan policyholders..

Section 3901.90 | Education on Mental Health and Addiction Services Insurance Parity.

Section 3901.91 | Adoption or Amendment of Rules Related to Insurance Rating Agencies.

Section 3901.95 | Direct Primary Care Agreement Not to Be Considered Insurance.

Section 3901.99 | Penalty.