State RegulationsOH specificDifficulty 2/5
During a phone interview, an Ohio insurance applicant verbally agrees to an HIV-related test that the insurer wants for underwriting. Relying on that agreement, the insurer orders the test. Is this compliant?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
ORC 3901.46(A) and (B)(1) require specific informed written consent before HIV-related testing. A verbal agreement obtained by phone, even if documented in a call record, does not meet the statutory standard. The insurer must first obtain the applicant's written consent; ordering the test on the strength of a phone conversation violates Ohio's HIV testing protections.
Why the other options are wrong
- B) Documentation of a phone call does not cure the defect; ORC 3901.46 requires the consent itself to be written, specific, and informed.
- C) Underwriting purpose is not an exemption; HIV-related tests require the statutory written consent in every context.
- D) HIV-related testing is not banned outright — it is permitted with the specific informed written consent required by ORC 3901.46.
Memory hook
A handshake by phone isn't a signature — get it in writing.