State RegulationsCO specificDifficulty 2/5
An insurer pays a testing facility directly for HIV testing performed in accordance with C.R.S. § 10-3-1104.5 as part of an insurance application. Under the anti-rebating statute, C.R.S. § 10-3-1104(1)(g), this payment is:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
C.R.S. § 10-3-1104(1)(g) prohibits rebates and unlisted inducements, but subsection (2) expressly permits HIV testing conducted in accordance with C.R.S. § 10-3-1104.5. The payment follows the statute's own procedure, so it is not a rebate.
Why the other options are wrong
- A) The rebate ban does not reach payments the statute itself authorizes, including HIV testing under § 10-3-1104.5.
- B) The indirect benefit to the applicant does not matter; the exception for HIV testing is express.
- D) Claim-settlement rules govern the handling of claims, not application-stage testing the statute authorizes.
Memory hook
The statute pays for its own tests — HIV testing is the named exception.