Skip to Content

Required insurance procedures relating to HIV information, A.R.S. § 20-448.01

Link to the law
This will open in a new window

“Required insurance procedures relating to HIV information; confidentiality; violations; penalties; definitions”
Arizona prohibits insurers from requiring or performing a HIV test without obtaining an individual’s informed written consent. Persons accessing confidential HIV-related information while performing insurance related tasks (e.g., processing applications) may on disclose the information to specified persons or entities. These persons or entities include the individual tested, person(s) authorized by the individual to receive the information (e.g., a physician, health information exchange, etc.), an appropriate government entity, persons authorized to receive the information via a court order, or the industrial commission in relation to a workers’ compensation claim. Arizona also permits the disclosure of test results and application responses to persons that make underwriting decisions for insurers or reinsurers. These limitations on the disclosure of HIV-related information do not prevent the director of the department of health services from accessing records that contain HIV-related information. However, the director must comply with this provision if they wish to disclose HIV-related information.
Written authorizations to disclose HIV-related information must identify the persons authorized to receive the information, the purpose for disclosure, and the time during which the authorization is effective. Arizona prohibits disclosure of HIV-related information through a general authorization, but allows individuals to combine a general authorization with an authorization to disclose HIV-related information.
Persons that receive confidential HIV-related information may not disclose this information unless federal or Arizona law permits the disclosure.