AIDS and the Law Page: 8 of 24
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AIDS AND THE LAw
request is specifically based on that individual's medical history. An
insurer requiring an HIV test must give you notice before testing and
must have you sign a written consent form containing the following
required information: (1) a recommendation that you seek counseling
prior to testing, (2) the meaning of positive results, and (3) procedures
for confidentiality and notice of results.
What happens if I refuse to take the test?
The insurer almost certainly will decline your application based solely
on your refusal.
May the insurer ask about my sexual orientation?
No. Insurers are prohibited from discriminating against an applicant
based on sexual orientation or residence.
May the insurer ask me whether I have tested HIV-positive or been
diagnosed as having AIDS?
Yes. However, an insurer cannot simply ask if you have ever taken an
HIV test or received a negative HIV test result.
Can the insurer deny me coverage based on a positive HIV result?
Yes. However, one test is not enough for a denial. You must test positive
to an ELISA blood test, confirmed by a positive Western Blot, before
coverage can be denied benefits.
Are my test results confidential?
Not strictly. An insurer must keep test results confidential, but they may
be released as "required by law" and seen by the insurance company's
employees, underwriters, reinsurers and attorneys. If you are being asked
by an insurance company to take an HIV test and you're not sure of your
HIV status, you should first get tested anonymously. Anonymous testing
is available at numerous locations across the state. Contact your local
AIDS service provider or the Texas Department of Health for the loca-
tion nearest you.
PAGE 8
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/8/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.