SF 1204

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to insurance; regulating the use of HIV and 
  1.3             bloodborne pathogen tests; amending Minnesota Statutes 
  1.4             2000, section 72A.20, subdivision 29. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 72A.20, 
  1.7   subdivision 29, is amended to read: 
  1.8      Subd. 29.  [HIV TESTS; CRIME VICTIMS AND EMERGENCY MEDICAL 
  1.9   SERVICE PERSONNEL.] No insurer regulated under chapter 61A, 62B, 
  1.10  or 62S, or providing health, medical, hospitalization, long-term 
  1.11  care insurance, or accident and sickness insurance regulated 
  1.12  under chapter 62A, or nonprofit health service plan corporation 
  1.13  regulated under chapter 62C, health maintenance organization 
  1.14  regulated under chapter 62D, or fraternal benefit society 
  1.15  regulated under chapter 64B, may: 
  1.16     (1) obtain or use the performance of or the results of a 
  1.17  test to determine the presence of the human immunodeficiency 
  1.18  virus (HIV) antibody performed on an offender under section 
  1.19  611A.19 or performed on a crime victim who was exposed to or had 
  1.20  contact with an offender's bodily fluids during commission of a 
  1.21  crime that was reported to law enforcement officials, in order 
  1.22  to make an underwriting decision, cancel, fail to renew, or take 
  1.23  any other action with respect to a policy, plan, certificate, or 
  1.24  contract; 
  1.25     (2) obtain or use the performance of or the results of a 
  2.1   test to determine the presence of a bloodborne pathogen 
  2.2   performed on an individual according to sections 144.7401 to 
  2.3   144.7415, 241.33 to 241.342, or 246.71 to 246.722 in order to 
  2.4   make an underwriting decision, cancel, fail to renew, or take 
  2.5   any other action with respect to a policy, plan, certificate, or 
  2.6   contract; or 
  2.7      (3) ask an applicant for coverage or a person already 
  2.8   covered whether the person has:  (i) had a test performed for 
  2.9   the reason set forth in clause (1) or (2); or (ii) been the 
  2.10  victim of an assault or any other crime which involves bodily 
  2.11  contact with the offender. 
  2.12     A question that purports to require an answer that would 
  2.13  provide information regarding a test performed for the reason 
  2.14  set forth in clause (1) or (2) may be interpreted as excluding 
  2.15  this test.  An answer that does not mention the test is 
  2.16  considered to be a truthful answer for all purposes.  An 
  2.17  authorization for the release of medical records for insurance 
  2.18  purposes must specifically exclude any test performed for the 
  2.19  purpose set forth in clause (1) or (2) and must be read as 
  2.20  providing this exclusion regardless of whether the exclusion is 
  2.21  expressly stated.  This subdivision does not affect tests 
  2.22  conducted for purposes other than those described in clause (1) 
  2.23  or (2), including any test to determine the presence of the 
  2.24  human immunodeficiency virus (HIV) antibody a bloodborne 
  2.25  pathogen if such test was performed at the insurer's direction 
  2.26  as part of the insurer's normal underwriting requirements. 
  2.27     Sec. 2.  [EFFECTIVE DATE.] 
  2.28     Section 1 is effective the day following final enactment.