W. Va. Code R. § 114-27A-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-27A-2 - Interpretive Note

2.1. Technology has advanced in recent years with regard to HIV testing, and since promulgation of the AIDS Regulation, 114CSR27 §1, et seq., the U.S. Food and Drug Administration has approved the use of urine specimens to determine the presence of HIV. This interpretive rule shall be read in pari materia with the AIDS Regulations (114CSR27, §1, et seq.) previously promulgated by the Insurance Commissioner pursuant to authority granted by the Legislature in W. Va. Code §§ 33-2-35 and 16-3C-2(j). The definitions, applicability provisions and all other provisions provided in 114CSR27, §1, et seq. are equally applicable to this interpretive rule, with the exception of the provisions in 114CSR27, subsections 5.9 and 5.10, to the extent they are inconsistent with this interpretive rule. Appendix B and Appendix C to 114CSR27 are also applicable to this interpretive rule. Appendix A, attached hereto, has been modified slightly to reflect that any abnormalities, not just blood abnormalities, will adversely affect an application for insurance, consistent with the allowance of an alternative testing protocol to blood tests as set forth in this interpretive rule.