SB545 H HHR AM #1
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:
Ҥ64-7-4. Office of the Insurance Commission.
The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §64-7-1(e) 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