Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 28-S.F.No. 1204 
                  An act relating to insurance; regulating the use of 
                  HIV and bloodborne pathogen tests; amending Minnesota 
                  Statutes 2000, section 72A.20, subdivision 29. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 72A.20, 
        subdivision 29, is amended to read: 
           Subd. 29.  [HIV TESTS; CRIME VICTIMS AND EMERGENCY MEDICAL 
        SERVICE PERSONNEL.] No insurer regulated under chapter 61A, 62B, 
        or 62S, or providing health, medical, hospitalization, long-term 
        care insurance, or accident and sickness insurance regulated 
        under chapter 62A, or nonprofit health service plan 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 immunodeficiency 
        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; 
           (2) obtain or use the performance of or the results of a 
        test to determine the presence of a bloodborne pathogen 
        performed on an individual according to sections 144.7401 to 
        144.7415, 241.33 to 241.342, or 246.71 to 246.722 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 
           (3) ask an applicant for coverage or a person already 
        covered whether the person has:  (i) had a test performed for 
        the reason set forth in clause (1) or (2); or (ii) been the 
        victim of an assault or any other crime which involves bodily 
        contact with the offender. 
           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 immunodeficiency virus (HIV) antibody a bloodborne 
        pathogen if such test was performed at the insurer's direction 
        as part of the insurer's normal underwriting requirements. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor April 11, 2001 
           Signed by the governor April 13, 2001, 1:55 p.m.