State RegulationsMA specificDifficulty 2/5
A Massachusetts insurer wants an HIV-related test performed as part of the underwriting of a life application. Under 211 CMR 36.03, what must the insurer obtain before the test is performed and its results are used?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
211 CMR 36.03, the Massachusetts Division of Insurance's rule on medical examinations and laboratory tests, requires the applicant's informed consent before an HIV-related test is performed and before its results are obtained and used. HIV-related information carries heightened protection in Massachusetts underwriting; a producer's verbal assurance or silence in the application cannot substitute for the required consent.
Why the other options are wrong
- B) A producer's certification of verbal agreement does not satisfy 211 CMR 36.03; the applicant's own informed consent is required.
- C) Underwriting HIV testing proceeds on informed consent under 211 CMR 36.03; no court order is part of the process.
- D) Consent is precisely what 211 CMR 36.03 demands for HIV-related tests; underwriting context does not remove the requirement.
Memory hook
No consent, no HIV test — 211 CMR 36.03.