Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 475-S.F.No. 1794 
                  An act relating to insurance; prohibiting insurers 
                  from obtaining or using HIV antibody test results 
                  arising out of exposure and testing for emergency 
                  medical service personnel; amending Minnesota Statutes 
                  1992, section 72A.20, subdivision 29. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, section 72A.20, 
        subdivision 29, is amended to read: 
           Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
        under chapter 61A or 62B, or providing health, medical, 
        hospitalization, or accident and sickness insurance regulated 
        under chapter 62A, or nonprofit health services corporation 
        regulated under chapter 62C, health maintenance organization 
        regulated under chapter 62D, or fraternal benefit society 
        regulated under chapter 64B, may: 
           (1) obtain or use the performance of or the results of a 
        test to determine the presence of the human immune deficiency 
        virus (HIV) antibody performed on an offender under section 
        611A.19 or performed on a crime victim who was exposed to or had 
        contact with an offender's bodily fluids during commission of a 
        crime that was reported to law enforcement officials, in order 
        to make an underwriting decision, cancel, fail to renew, or take 
        any other action with respect to a policy, plan, certificate, or 
        contract; or 
           (2) obtain or use the performance of or the results of a 
        test to determine the presence of the human immune deficiency 
        virus (HIV) antibody performed on a patient pursuant to sections 
        144.761 to 144.7691, or performed on emergency medical services 
        personnel pursuant to the protocol under section 144.762, 
        subdivision 2, in order to make an underwriting decision, 
        cancel, fail to renew, or take any other action with respect to 
        a policy, plan, certificate, or contract; for purposes of this 
        clause, "patient" and "emergency medical services personnel" 
        have the meanings given in section 144.761; or 
           (2) (3) ask an applicant for coverage or a person already 
        covered whether the person has had a test performed for the 
        reason set forth in clause (1) or (2). 
           A question that purports to require an answer that would 
        provide information regarding a test performed for the reason 
        set forth in clause (1) or (2) may be interpreted as excluding 
        this test.  An answer that does not mention the test is 
        considered to be a truthful answer for all purposes.  An 
        authorization for the release of medical records for insurance 
        purposes must specifically exclude any test performed for the 
        purpose set forth in clause (1) or (2) and must be read as 
        providing this exclusion regardless of whether the exclusion is 
        expressly stated.  This subdivision does not affect tests 
        conducted for purposes other than those described in clause 
        (1) or (2), including any test to determine the presence of the 
        human deficiency virus (HIV) antibody if such test was performed 
        at the insurer's direction as part of the insurer's normal 
        underwriting requirements. 
           Presented to the governor April 18, 1994 
           Signed by the governor April 20, 1994, 1:52 p.m.