State RegulationsMA specificDifficulty 1/5
Before arranging an HIV-related test in connection with an application for individual health coverage, what must an insurer obtain under 211 CMR 36.03?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
211 CMR 36.03, the Massachusetts Division of Insurance regulation governing HIV-related testing in insurance underwriting, requires the applicant's informed consent before such a test is arranged. The consent requirement ensures the applicant understands what will be tested, what the results may mean, and who may receive them. HIV testing is not treated like ordinary lab work; it is a specially protected category in Massachusetts underwriting practice.
Why the other options are wrong
- A) The employer has no role in an individual applicant's underwriting, and 211 CMR 36.03 requires consent from the applicant, not notice to third parties.
- C) Treating-physician approval is not the regulatory trigger; the test proceeds only on the applicant's informed consent under 211 CMR 36.03.
- D) No court order is involved in routine underwriting; the consent framework of 211 CMR 36.03 governs the insurer's request.
Memory hook
HIV testing starts with a yes: informed consent comes before any blood draw.