Law / United States / 
Kentucky
HIV testing by insurers: written informed consent and confidentiality of results
1990 Ky. Acts ch. 443, sec. 54
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition, Disclosure
As of .
What it requires
- If you are an insurer writing life or health insurance delivered or issued for delivery in Kentucky, disclose in writing your intent to test an applicant for human immunodeficiency virus infection or a health condition derived from it, and obtain the applicant's written informed consent before testing (KRS 304.12-013(4)(b)).
- Give the written informed consent a fair explanation of the test, including its purpose, potential uses and limitations, the meaning of its results, and the right to confidential treatment of information (KRS 304.12-013(4)(b)).
- Do not inquire whether an applicant has been tested for or has received a negative result from a specific test for human immunodeficiency virus infection (KRS 304.12-013(4)(e)).
- Maintain strict confidentiality of the results of tests for human immunodeficiency virus infection, and disclose specific results only as required by law or pursuant to a written request or authorization by the applicant, and then only to the persons subsection (4)(f) lists (KRS 304.12-013(4)(f)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Kentucky Commissioner of Insurance (Department of Insurance), who may impose a civil penalty under KRS 304.99-020(1) for a violation of the Insurance Code where the commissioner has the power to revoke or suspend a license or certificate of authority.
What this law does
The section applies to all life and health insurance contracts which are delivered or issued for delivery in Kentucky on or after . For the section, "insurer" means an insurer, a nonprofit hospital, medical-surgical, dental, and health service corporation, a health maintenance organization, or a prepaid dental plan organization.
An insurer must disclose in writing its intent to test an applicant for the human immunodeficiency virus infection or for a specific health condition derived from it before testing, and must obtain the applicant's written informed consent to administer the test.
Insurers must maintain strict confidentiality of the results of tests for human immunodeficiency virus infection or a specific health condition derived from it, and specific test results may be disclosed only as required by law or pursuant to a written request or authorization by the applicant. Insurers may disclose results pursuant to a specific written request only to the persons subsection (4)(f) lists.
Insurers may not inquire whether an applicant has been tested for or has received a negative result from a specific test for human immunodeficiency virus infection. A medical test for human immunodeficiency virus infection may only be required or given to an applicant on the basis of the applicant's health condition or health history, the amount of insurance applied for, or if the test is required of all applicants.
The section was created by chapter 443 of the 1990 Acts and its current text is as most recently amended by chapter 24 of the 2010 Acts, effective .
When LexLint raises it
When your app profile says your app is an insurer.