191.671. Insurance companies, HMOs or health service corporations, HIV testing by, regulation by department--disclosure of test results, confidentiality.
Insurance companies, HMOs or health service corporations, HIV testingby, regulation by department--disclosure of test results,confidentiality.
191.671. 1. No other section of this act* shall apply to any insurer,health services corporation, or health maintenance organization licensed bythe department of insurance, financial institutions and professionalregistration which conducts HIV testing only for the purposes of assessing aperson's fitness for insurance coverage offered by such insurer, healthservices corporation, or health maintenance corporation, except that nothingin this section shall be construed to exempt any insurer, health servicescorporation or health maintenance organization in their capacity as employersfrom the provisions of section 191.665 relating to employment practices.
2. Upon renewal of any individual or group insurance policy, subscribercontractor health maintenance organization contract covering medical expenses,no insurer, health services corporation or health maintenance organizationshall deny or alter coverage to any previously covered individual who has beendiagnosed as having HIV infection or any HIV-related condition during theprevious policy or contract period only because of such diagnosis, nor shallany such insurer, health services corporation or health maintenanceorganization exclude coverage for treatment of such infection or conditionwith respect to any such individual.
3. The director of the department of insurance, financial institutionsand professional registration shall establish by regulation standards for theuse of HIV testing by insurers, health services corporations and healthmaintenance organizations.
4. A laboratory certified by the U.S. Department of Health and HumanServices under the Clinical Laboratory Improvement Act of 1967, permittingtesting of specimens obtained in interstate commerce, and which subjectsitself to ongoing proficiency testing by the College of American Pathologists,the American Association of Bio Analysts, or an equivalent program approved bythe Centers for Disease Control shall be authorized to perform or conduct HIVtesting for an insurer, health services corporation or health maintenanceorganization pursuant to this section.
5. The result or results of HIV testing of an applicant for insurancecoverage shall not be disclosed by an insurer, health services corporation orhealth maintenance organization, except as specifically authorized by suchapplicant in writing. Such result or results shall, however, be disclosed toa physician designated by the subject of the test. If there is no physiciandesignated, the insurer, health services corporation, or health maintenanceorganization shall disclose the identity of individuals residing in Missourihaving a confirmed positive HIV test result to the department of health andsenior services. Provided, further, that no such insurer, health servicescorporation or health maintenance organization shall be liable for violatingany duty or right of confidentiality established by law for disclosing suchidentity of individuals having a confirmed positive HIV test result to thedepartment of health and senior services. Such disclosure shall be in amanner that ensures confidentiality. Disclosure of test results in violationof this section shall constitute a violation of sections 375.930 to 375.948,RSMo, regulating trade practices in the business of insurance. Nothing inthis subsection shall be construed to foreclose any remedies existing on June1, 1988.
(L. 1988 H.B. 1151 & 1044 § 8)Effective 6-1-88
*"This act" (H.B. 1151 & 1044, 1988) contained numerous sections. Consult Disposition of Sections table for a definitive listing.