SB545 H HHR AM #1 as amended

CR 3338

The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

“§64-7-4.  Office of the Insurance Commission.

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.”

Adopted                                                           Rejected