Bill Text: WV SB545 | 2019 | Regular Session | Enrolled
Bill Title: Relating to HIV testing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-16 - Chapter 167, Acts, Regular Session, 2019 [SB545 Detail]
Download: West_Virginia-2019-SB545-Enrolled.html
WEST virginia legislature
2019 regular session
Enrolled
Senate Bill 545
By Senator Azinger
[Passed March 2, 2019; in effect from passage]
AN ACT to amend and reenact §64-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of the Insurance Commissioner to promulgate a legislative rule relating to HIV testing; and eliminating outdated testing protocols.
Be it enacted by the Legislature of West Virginia:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.
§64-7-4. Office of the Insurance Commission.
The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §33-2-10(a) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) is authorized with the following amendment:
“5.9. The
testing is required to be administered on a nondiscriminatory basis for all
individuals in the same underwriting class. No proposed insured may be denied
coverage or rated a substandard risk on the basis of HIV testing unless
acceptable testing protocol is followed including the use of FDA-licensed
tests. The following is the acceptable HIV testing protocol for use in this
state:
a. An
initial enzyme linked immunosorbent assay (ELISA) test is administered to the
proposed insured, and it indicates the presence of HIV antibodies; and
b. A second
ELISA test is administered and it indicates the presence of HIV; and
c. A Western
Blot test is conducted and it confirms the results of the two ELISA tests.
5.10. If any of
the tests in the ELISA-ELISA-Western Blot series produce confirmatory
test produces a negative result, the testing ceases and the proposed
insured cannot be denied coverage based on AIDS-related testing.
For Example:
If the initial ELISA test yields a negative result, the testing ceases. If the
initial ELISA test yields a positive result and the subsequent ELISA test
yields a negative result, the testing ceases. If both ELISA tests yield a
positive result and the Western Blot test yields a negative result, for
purposes of insurability, the results are negative.”
