State RegulationsTX specificDifficulty 2/5
An applicant who took an insurer-required HIV-related test directs the insurer in writing to send the results to the applicant's personal physician instead of mailing them to the applicant. Under the Texas HIV-related testing rules, the insurer:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
Under 28 TAC 21.704-.705, the applicant controls the release of HIV-related test information: the results go to the applicant, and the applicant may direct in writing that they be released to a physician or other permitted recipient of the applicant's choosing. The insurer may not broaden that release on its own initiative, whether the additional recipient is the writing agent or some other clinician who simply asks. Honoring the applicant's written direction is both the rule and the practical way to avoid a confidentiality complaint.
Why the other options are wrong
- B) The rule contemplates release to a recipient the applicant designates, so refusing the applicant's direction is wrong.
- C) The writing agent is not an authorized recipient; adding that person to the release would breach confidentiality.
- D) A physician's request alone is not enough; the applicant's written direction is what authorizes the release.
Memory hook
The applicant decides who else sees the result, in writing.