A California disability income insurer wants to require an HIV test during underwriting. Under CIC §799 (Equal Insurance HIV Act), the insurer must first:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
CIC §799(c)(3) expressly requires informed consent before a life or disability income insurer tests for HIV, and §799(c)(2) requires strict confidentiality of personal information obtained through testing. The statute's purpose is to prevent insurers from making unfair distinctions among individuals of the same class in disability income underwriting for people living with HIV and to ensure they have the same opportunity to buy coverage as people with other chronic conditions. Testing is therefore permitted only with consent, and results may not be shared beyond the underwriting purpose for which they were obtained.
Why the other options are wrong
- B) No provision of CIC §799 requires reporting an applicant's HIV status to the Department of Insurance before testing. The statutory safeguards are informed consent and strict confidentiality of test results, not advance regulatory reporting.
- C) Sharing test results with the applicant's employer would destroy the strict confidentiality mandated by CIC §799(c)(2). The statute's purpose is to prevent discrimination, not to expose insureds to workplace disclosure.
- D) A general liability waiver is not the safeguard CIC §799 imposes. The statute requires informed consent before the test and confidentiality of the results, which are the protections designed to prevent unfair treatment.
Memory hook
HIV test needs consent first and a vault for results, per CIC §799.