OAR 836-050-0255: Inquiries Regarding Past Test Results

Insurers may ask whether an applicant has tested positive in any HIV antibody test, subject to the following restrictions: (1) General questions asking only whether the applicant has taken such a test, regardless of outcome, are prohibited. (2) Except as provided in this section, an insurer may not rate or deny coverage based merely on an affirmative response on the application to a questions about past test results. Before rating or denying coverage, the insurer must confirm a positive result to the full test protocol described in OAR 836-050-0250 through medical records or current retesting unless: (a) The applicant fails to respond to a request by the insurer for the medical records or for retesting; or (b) The insurer is informed that the applicant declines such further testing.