State RegulationsFL specificDifficulty 2/5
A Florida insurer wants to test a health insurance applicant for HIV as part of underwriting. Under Florida's requirements relating to HIV and AIDS, the test:
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
Under Chapter 627, Florida Statutes, and Florida's HIV-testing requirements enforced through the Department of Financial Services, an insurer may test an applicant for HIV only with the applicant's informed consent, obtained before the specimen is tested. The consent requirement protects applicants from covert testing and ensures they know what is being done with their bodily fluids and medical information.
Why the other options are wrong
- A) Testing an existing sample without the applicant's knowledge or consent is covert testing, which Florida law forbids.
- C) An agent has no authority to order an HIV test secretly; informed consent from the applicant is the gate.
- D) HIV testing for insurance underwriting is not categorically prohibited; it is conditioned on informed consent and related protections.
Memory hook
No informed consent, no HIV test.