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 36.04 - Informed Consent
Current through Register 1531, September 27, 2024
(1) Before a carrier may conduct an HIV test, the individual to be tested must give prior written informed consent to such testing to the carrier, laboratories and blood testing centers or agents in compliance with the requirements of 211 CMR 36.04. Such consent shall be based on an understanding by the individual to be tested that the test is being performed, of the nature of the test, of the persons or entities which will or may have access to the test results or to which the results of that test may be disclosed, of the purpose for which the test results may be used, and of any reasonably foreseeable risks and benefits resulting from the test.
(2) Such informed consent shall include, at a minimum, the following disclosures:
(3) Content of the Authorization. An authorization form must contain the following minimum information:
(4) A carrier shall use a notice of HIV testing and authorization for testing and disclosure form that contains at a minimum the information specified in 211 CMR 36.04(2) and (3). Copies of all such forms shall be retained on file by the carrier and shall be available to the Division upon its request.