State RegulationsNY specificDifficulty 1/5
Before a New York life insurer may require an HIV-related blood test as part of an application for life insurance, the insurer must first do which of the following?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under N.Y. Ins. Law §2611, before an insurer may perform an HIV-related test in connection with an insurance application, it must obtain the applicant's written informed consent and provide general information about the test. New York treats HIV test results as specially protected information, and testing without documented consent violates §2611.
Why the other options are wrong
- A) Verbal consent, even recorded, is insufficient; §2611 requires written informed consent for HIV-related testing in the insurance context.
- B) No advance report to the Superintendent is required before testing; the statute's safeguards are written consent and information, not regulator pre-clearance.
- C) A court order is not the mechanism; the insurer proceeds with the applicant's written informed consent under §2611.
Memory hook
HIV test = write it down: informed consent first — §2611.