18 Del. Admin. Code § 1209-3.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 1209-3.0 - Testing and Filings Allowed

3.1 Whenever an applicant is requested to take an AIDS-related test in connection with an application for insurance, the use of such a test must be revealed to the applicant and his or her written consent obtained. The administration of the test must meet the test protocol as established by the Delaware Division of Public Health. (Attachment 1) The results of testing must be maintained in confidentiality between the insured and insurer. The insurer may ask the applicant to designate whether the applicant wants the results forwarded to (1) applicant only, (2) applicant's personal physician, (3) other (list) or (4) no one.

3.2 Insurers are permitted to ask diagnostic questions. The Department will permit diagnostic questions such as, but not limited to, the following examples:

3.2.1 "Have you ever been treated for or diagnosed as having Acquired Immunodeficiency Syndrome (AIDS) or Human Immunodeficiency Virus ("HIV")?

3.2.2 "Have you ever been told you have Acquired Immunodeficiency Syndrome (AIDS) or Human Immunodeficiency Virus (HIV)?"

Insurers are also permitted to ask predictive questions (i.e., have you tested positive on an AIDS-related blood test) but only if predictive questions are asked by the insurer pertaining to other major life threatening diseases.

Questions which are vague, subjective, unfairly discriminatory, overly technical or ask for the applicant's opinion are prohibited.

3.3 Any underwriting use of AIDS-related test information or results, whether acquired by questioning the applicant or by tests administered in accordance with this Regulation, must be strictly limited to the test's predictive value, and used in a balanced way relative to predictive information relating to other life threatening diseases.

3.4 The Commissioner will disapprove a policy form filing which he determines violates the standards set forth in sections 3.1, 3.2, and 3.3.

Willful disregard of Delaware Insurance Law may subject an insurer to all administrative remedies provided in accordance with 18 Del.C. § 106 and § 334.

18 Del. Admin. Code § 1209-3.0