West Virginia Code of State Rules
Agency 114 - Insurance Commission
Title 114 - LEGISLATIVE RULE INSURANCE COMMISSIONER
Series 114-27A - AIDS Regulations
Section 114-27A-3 - Allowance of FDA Approved Urine HIV Tests
Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. Any HIV Testing that is authorized by section 5 of the AIDS Regulations, 114CSR27, §5, or this rule, 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 an acceptable testing protocol is followed, including the use of FDA-licensed tests. In lieu of the HIV protocol established in 114CSR27, §5, the Insurance Commissioner will allow underwriters and a proposed insured to agree to use the following protocol:
3.2. If any of the tests in the ELISA-ELISA-Western Blot series produce 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.
