§ 23-6.3-16 - Insurance exemption.
SECTION 23-6.3-16
§ 23-6.3-16 Insurance exemption. –(a) Sections 23-6.3-1 – 23-6.3-14 do not apply to the offering or sale oflife insurance in Rhode Island; provided, however, that any insurance companyoffering or selling life insurance within Rhode Island that requires anindividual to be tested for infection with human immunodeficiency virus (HIV)or any other identified causative agent of HIV for purposes of determininginsurability shall: (1) Give that individual prior written notice of thoserequirements; (2) Proceed with that testing only upon the written authorizationof the individual or in the event the individual is a minor, the individual'sparent or guardian; and (3) Notify the tested person of his or her positive ornegative test results. If the person has a positive test result he or she mustreceive appropriate information and referral from the insurance company.Notwithstanding anything in this chapter to the contrary, life insurancecompanies offering or selling life insurance in Rhode Island may otherwiseobtain or disclose HIV test results in accordance with this chapter. Nothing inthis chapter prohibits that company from collecting data for statisticalpurposes, so long as the insured is not identified. However, nothing in thissection shall be construed to permit that insurance company to cancel or refuseto renew a life insurance policy that by its terms has not lapsed on the basisof a positive HIV test result.
(b) The provisions of this chapter apply to the offer or saleof health benefits in this state by any company regulated under the laws ofthis state, including, but not limited to, title 27 and chapter 42-62,provided, however, this chapter does not apply to the following:
(1) Individual health benefit policies;
(2) Small group health benefits plans, i.e., groups havingfewer than twenty-five (25) employees eligible to participate in an employersponsored plan, or, in the case of non-employer groups, a group having fewerthan twenty-five (25) employees;
(3) Late entrants into any group health benefits plan,regardless of the size of the group. A late entrant shall be defined as anyindividual who does not enroll into a health plan when first eligible under theplan, but who later seeks coverage under the group plan;
(4) Where an individual seeks to become eligible for anamount of group disability income benefit, which benefit would be in excess ofthe insurer's non-medical maximum as defined under the group plan.
(c) Any company offering or selling health benefits in thisstate and regulated under the laws of this state that requires an individual tobe tested for infection with HIV or any other identified causative agent of HIVas permitted in paragraphs (2)(i) to (iv) for purposes of determininginsurability shall: (1) Give that individual prior written notice of thoserequirements; and (2) Proceed with that testing only upon the writtenauthorization of the individual, or in the event the individual is a minor, theindividual's parent or guardian. Notwithstanding anything in this chapter tothe contrary, companies offering or selling health benefits in this state mayotherwise obtain or disclose HIV test results in accordance with this chapter.Nothing in this chapter shall prohibit that company from collecting data forstatistical purposes so long as the identity of the insured may not bedetermined from the information released.
(d) Nothing in this chapter shall be construed to permit anycompany that offers or sells health benefits in this state to cancel or refuseto renew a health benefit, which has not by its terms lapsed, on the basis of apositive HIV test result.