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Testing for HIV; consent form, Ariz. Admin. Code § 20-6-1203

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“Testing for HIV; Consent Form”
Licensed Arizona insurers may conduct HIV testing to the extent that they test for other conditions that impact mortality and morbidity. An individual must test positive for HIV under both a screening test and supplemental test before an insurer may make an adverse underwriting decision on the basis of HIV testing. Insurers that offer life, disability, or health coverage must notify applicants of any requirement to undergo HIV testing and obtain the applicant’s written consent for such testing. Insurers must allow the applicant a maximum of 10 days to decide whether to consent to HIV testing and may not make adverse underwriting decisions based on the time it takes for an applicant to sign the consent form.
The director of the department of insurance must approve an insurer’s consent form before they distribute the form to applicants. These forms must state that the insurer intends to conduct HIV testing, use the test results for underwriting decisions, and that the insurer may deny coverage if an applicant refuses testing. Forms must also provide information on the spread and risks of HIV, advise the applicant to undergo pretest counseling, explain the meaning of positive results, and allow individuals to attest that they consent to HIV testing. Consent forms must notify individuals that their test results will only be disclosed to the applicant, insurer, persons authorized by the applicant (e.g., the applicant’s personal physician), and persons authorized by law to receive the test results (e.g., the department of health services). An applicant’s consent to disclose their HIV test information may last no longer than 180 days after they sign the form. Insurers must specify the duration of effectiveness on each form and must re-consent the applicant if they wish to release HIV information after the initial consent has expired.