HF 1106

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; limiting use of health information 
  1.3             secured as part of HIV vaccine research for insurance 
  1.4             underwriting; amending Minnesota Statutes 1998, 
  1.5             section 72A.20, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 72A.20, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 29a.  [HIV TESTS; VACCINE RESEARCH.] (a) No insurer 
  1.10  regulated under chapter 61A or 62B, or providing health, 
  1.11  medical, hospitalization, or accident and sickness insurance 
  1.12  regulated under chapter 62A, or nonprofit health services 
  1.13  corporation regulated under chapter 62C, health maintenance 
  1.14  organization regulated under chapter 62D, or fraternal benefit 
  1.15  society regulated under chapter 64B, may: 
  1.16     (1) make an underwriting decision, cancel, fail to renew, 
  1.17  or take any other action with respect to a policy, plan, 
  1.18  certificate, or contract based solely on a person's 
  1.19  participation in a human immunodeficiency virus (HIV) vaccine 
  1.20  clinical trial; or 
  1.21     (2) request, obtain, or use medical records of a 
  1.22  participant of a vaccine clinical trial from the sponsor that 
  1.23  pertain to the vaccine clinical trial. 
  1.24     (b) An applicant for coverage may answer no to any question 
  1.25  asked by the insurer for the purpose of coverage regarding 
  2.1   whether the applicant has been tested for the HIV antibody if 
  2.2   the only test performed on the applicant was the test to 
  2.3   determine participation in a vaccine clinical trial. 
  2.4      (c) If a test to determine the presence of the HIV antibody 
  2.5   is performed at the insurer's direction as part of the insurer's 
  2.6   normal underwriting requirements, and an applicant or covered 
  2.7   person is a participant in a vaccine clinical trial and tests 
  2.8   positive for the HIV antibody, an insurer shall not make an 
  2.9   underwriting decision, cancel, fail to renew, or take any other 
  2.10  action based solely on the positive test result without first 
  2.11  obtaining a confidential certificate from the sponsor of the 
  2.12  trial verifying the person's participation in the vaccine 
  2.13  clinical trial and HIV status. 
  2.14     (d) A confidential certificate must not be released by a 
  2.15  sponsor without the written authorization of the participant of 
  2.16  the vaccine clinical trial.  A sponsor must obtain a written 
  2.17  authorization from the participant that the person's HIV status 
  2.18  may be released for the purposes described in this subdivision 
  2.19  as a condition of participation in a vaccine clinical trial. 
  2.20     (e) For purposes of this subdivision, "vaccine clinical 
  2.21  trial" means a clinical trial conducted by a sponsor under an 
  2.22  investigational new drug application as provided by Code of 
  2.23  Federal Regulations, title 21, section 312.  "Sponsor" means the 
  2.24  hospital, clinic, or health care professional that is conducting 
  2.25  the vaccine clinical trial.