§ 505.16

505.16 Applications for insurance — human immunodeficiency virus tests — restrictions. 1. A person engaged in the business of insurance shall not require a test of an individual in connection with an application for insurance for the presence of an antibody to thehuman immunodeficiency virus unless the individual provides a written release on a formapproved by the insurance commissioner. The form shall include information regardingthe purpose, content, use, and meaning of the test, disclosure of test results includinginformation explaining the effect of releasing the information to a person engaged inthe business of insurance, the purpose for which the test results may be used, and otherinformation approved by the insurance commissioner. The form shall also authorize theperson performing the test to provide the results of the test to the insurance companysubject to rules of confidentiality, consistent with section 141A.9, approved by the insurancecommissioner. As used in this section, 'a person engaged in the business of insurance'includes hospital service corporations organized under chapter 514 and health maintenanceorganizations subject to chapter 514B. 2.

used in this section, 'a person engaged in the business of insurance'includes hospital service corporations organized under chapter 514 and health maintenanceorganizations subject to chapter 514B. 2. The insurance commissioner shall approve rules for carrying out this section including rules relating to the preparation of information to be provided before and after a test andthe protection of confidentiality of personal and medical records of insurance applicants andpolicyholders. The rules shall require a person engaged in the business of insurance whoreceives results of a positive human immunodeficiency virus test of an insurance applicant orpolicyholder to report those results to a physician or alternative testing site of the applicant’sor policyholder’s choice, or if the applicant or policyholder does not choose a physician oralternative testing site to receive the results, to the department of health and human services. 88 Acts, ch 1234, §7; 99 Acts, ch 181, §17; 2006 Acts, ch 1117, §15; 2023 Acts, ch 19, §1182Referred to in §141A.7Subsection 2 amended Sat Dec 23 00:38:34 2023 Iowa Code 2024, Section 505.16 (19, 1)