State RegulationsNY specificDifficulty 1/5
Before a New York life insurer may require an HIV-related blood test as part of individual underwriting, it must first obtain:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under N.Y. Ins. Law §2611, before an insurer may require an HIV-related test in connection with an application for insurance, it must obtain the person's written informed consent and provide general information about the test. The consent may also designate the recipients of any disclosure of the results, and the DFS treats these as underwriting prerequisites rather than formalities.
Why the other options are wrong
- B) Verbal consent does not satisfy §2611; the statute requires written informed consent supported by general information about the test.
- C) No court order is needed; the insurer itself must obtain the written informed consent that §2611 requires.
- D) The Superintendent does not pre-approve individual tests; §2611 places the consent and information duties directly on the insurer.
Memory hook
HIV test: if it isn't written and informed, it isn't consent.