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 36.05 - Disclosure of Positive Test Results to Tested Individual
Current through Register 1531, September 27, 2024
(1) A carrier which requires or requests that any individual submit to an HIV test shall notify that individual of a positive test result as expeditiously as possible, but in no event later than 45 days after the individual's blood sample is taken. Such test result disclosure shall be made in either of the following ways, at the option of the individual:
In addition to any current privacy safeguards applying to medical information generally, Massachusetts state law prohibits you from:
(2) Any individual shall be entitled, upon request, to receive directly from the carrier at no more than the reasonable cost of duplicating any such documents, any HIV-related information collected or maintained by the carrier about that individual and shall not be required to obtain such information indirectly through a physician, other medical provider, the MIB or any insurance support organization or any other mechanism, unless he or she has previously so designated and has not revoked that request in writing.
(3) If any individual, upon receiving copies of such HIV-related information, believes it to be incorrect, he or she may contact the carrier and seek a correction in accordance with the procedures outlined in the Federal Fair Credit Reporting Act or other applicable provisions of law.