State RegulationsNY specificDifficulty 1/5
As part of underwriting a life insurance application in New York, the insurer requires an HIV-related blood test. Under N.Y. Ins. Law §2611, the test may be performed only if:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under N.Y. Ins. Law §2611, before an insurer may require an HIV-related test in connection with an insurance application, the applicant must give written informed consent and must be provided general information about the test. The applicant may designate who may receive disclosure of the results, and if the test leads to an adverse underwriting decision, the applicant must receive written notice stating the basis for the decision and the available appeal and review options. These procedural protections are enforced by the Department of Financial Services.
Why the other options are wrong
- A) Verbal consent noted by the agent is insufficient; §2611 requires written informed consent for HIV-related testing.
- B) A medical-necessity certification by the insurer is not a substitute for the applicant's written informed consent and the required general information about the test.
- D) The applicant cannot be required to waive rights to the results; the law preserves the applicant's access to disclosure and to written notice of any adverse decision.
Memory hook
HIV test in underwriting: written informed consent first, general information always.