Under California's Equal Insurance HIV Act (CIC Section 799), before a life or disability income insurer may test an applicant for HIV, the insurer must:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
CIC Section 799 declares that a purpose of the Equal Insurance HIV Act is to require informed consent before a life or disability income insurer tests for HIV. The article also requires strict confidentiality of personal information obtained through HIV testing and establishes standards that prevent life or disability income insurers from making unfair distinctions between individuals of the same class in underwriting based on HIV status. Testing without informed consent violates California law, and the applicant's HIV status may not be used as the sole basis for denial or rating differences.
Why the other options are wrong
- B) No regulatory pre-approval is required for an HIV test; the requirement is the applicant's informed consent.
- C) The employer has no role; HIV test information must be kept strictly confidential.
- D) A court order is not required; the statute's safeguard is informed consent by the applicant.
Memory hook
Ask first, test second. California HIV testing in DI underwriting runs on informed consent, not court orders.