[Copy of H.B. No. 2608] Part: 7 of 40
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H.B. No. 2608
information to effectively represent the insurer in regard to
matters concerning the proposed- insured.
(f) An applicant must be given written notice of a positive
HIV-related test result by a physician designated by the applicant
or, in the absence of that designation, by the Texas Department of
Health. The Texas Department of Health is authorized to set by
rule a fee to cover the costs of providing this service to the
insurer. The fee may not exceed $25.
(g)As nsurer may not make an adverse underwriting decision
based on a positive HIY-related test unless test protocol as
established by rule of the State Board of Insurance is followed in
testing.
(h) The marital status, occupation, gender, beneficiary
designation, r zip code or other territorial classification of a
proposed insured may not be used by azi insurer in making a
determination as to who will be required or requested to take an
HIV-related test.
{j The State Board of Insurance may adopt reasonable rules
and forms necessary to implement this article and also may adopt
rules relating to HIV-related tests to be followed for tests
requested or required by insurers.
(j) Any person wno is injured by a violation of Subseccion
(e) of this article may bring a civil action for damages. I
addition, any person may brine an action to restrain a violation or
threatened violation of Subsection (e) of this article.
(k.) If it is found in a civil action that a person or entity
has negligently released or disclosed a test~ result or allowed a
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Texas. Legislature. House of Representatives. [Copy of H.B. No. 2608], clipping, May 27, 1989; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metadc1823246/m1/7/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.