§ 7401. Title.
§ 7401. Title. This chapter may be cited as the “HIV Testing For Insurance Act.” 70 Del. Laws, c. 176, § 1;
§ 7402. Definitions.
§ 7402. Definitions. For the purpose of this chapter, the following definitions apply: (1) “Applicant” means the individual proposed for insurance coverage. (2) “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immune deficiency syndrome (AIDS). (3) “HIV test” means an enzyme-linked immunosorbent assay (ELISA) to determine the presence of […]
§ 7403. Insurer requirements; informed consent; use of results; information.
§ 7403. Insurer requirements; informed consent; use of results; information. (a) No insurer shall request or require that an applicant submit to an HIV test unless the insurer first: (1) Obtains the applicant’s prior written informed consent; (2) Reveals to the applicant the use to which the HIV test results may be put and entities […]
§ 7404. Disclosure limitations.
§ 7404. Disclosure limitations. (a) In addition to the disclosure provided for in § 7405 of this title, or Subsection (b) of this section, on the basis of the applicant’s written informed consent as specified in § 7403 of this title, an insurer may also disclose an applicant’s HIV test result to its reinsurers or […]
§ 7405. Notification.
§ 7405. Notification. An insurer who fails to issue a policy an applicant due to the results of HIV testing shall notify the applicant in writing of an adverse underwriting decision based upon the results of such applicant’s medical examination and testing but shall not disclose the specific results of such medical examination and testing […]