WEST virginia legislature

2019 regular session

Enrolled

Senate Bill 545

By Senator Azinger

[Passed March 2, 2019; in effect from passage]

AN ACT to amend and reenact §64-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of the Insurance Commissioner to promulgate a legislative rule relating to HIV testing; and eliminating outdated testing protocols.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-4.  Office of the Insurance Commissioner.

The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §33-2-10(a) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) is authorized with the following amendment:

“5.9.  The testing is required to be administered on a nondiscriminatory basis for all individuals in the same underwriting class.  No proposed insured may be denied coverage or rated a substandard risk on the basis of HIV testing unless acceptable testing protocol is followed including the use of FDA-licensed tests.  The following is the acceptable HIV testing protocol for use in this state:

a.  An initial enzyme linked immunosorbent assay (ELISA) test is administered to the proposed insured, and it indicates the presence of HIV antibodies; and

b.  A second ELISA test is administered and it indicates the presence of HIV; and

c.  A Western Blot test is conducted and it confirms the results of the two ELISA tests.

5.10.  If any of the tests in the ELISA-ELISA-Western Blot series produce confirmatory test produces a negative result, the testing ceases and the proposed insured cannot be denied coverage based on AIDS-related testing.

For Example: If the initial ELISA test yields a negative result, the testing ceases.  If the initial ELISA test yields a positive result and the subsequent ELISA test yields a negative result, the testing ceases.  If both ELISA tests yield a positive result and the Western Blot test yields a negative result, for purposes of insurability, the results are negative.”