Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 36.00 - The Use Of Aids-related Information For Life And Health Insurance And Informed Consent
Section 36.03 - Prohibited Practices
Current through Register 1531, September 27, 2024
(1) HIV-related information must be treated as highly confidential. No carrier, insurance producer or employee thereof shall communicate information regarding an HIV test, the results of any such test or any other HIV- related information to any person, unless such communication is lawful and such communication is made with the written authorization of the individual to whom the information relates.
(2) No carrier shall request or require that an individual undergo an HIV test unless the carrier has obtained prior written informed consent from the individual in compliance with the requirements of 211 CMR 36.04.
(3) A carrier may request or require an individual to submit to an HIV test only on a basis that is not unfairly discriminatory.
(4) A carrier or insurance producer which learns or has reason to believe that its employee or any other person acting with authority on its behalf has violated the provisions of 211 CMR 36.00 shall immediately investigate the situation and take such prompt disciplinary, enforcement or other corrective action as may be required. Carriers and insurance producers shall maintain records of such violations and the corrective actions taken in a file which shall be made available to the Division of Insurance upon its request.
(5) A carrier or insurance producer shall comply with the procedures and practices set forth when informed consent is obtained pursuant to 211 CMR 36.00.
