A Texas insurer receives a positive HIV antibody test result on an applicant. Under 28 TAC 21.704-21.705, to whom may the insurer disclose the result?

Why A is correct

Under 28 TAC 21.704-21.705, HIV test results and the fact of testing are handled as confidential information. Disclosure is limited to the applicant, to persons or entities the applicant has authorized in writing, and to others permitted by the rule, such as the department in the course of an examination. Improper disclosure exposes the insurer to sanctions for violating the AIDS testing rules, so an agent should never discuss a result with anyone who is not authorized.

Why the other options are wrong

• B) A written request from a member of the public confers no right of access. Confidentiality under the rule is not defeated by asking.
• C) Disclosure to an employer is not permitted. Employment status has nothing to do with the insurer's authority to release a test result.
• D) Family members have no automatic right to the result. Even close relatives must be within the applicant's written authorization before information may be released.

Memory hook

HIV results go to the applicant and those the applicant authorized, in writing.

Why A is correct

Under 28 TAC 21.704-.705, HIV-related test information is confidential, and the insurer may release results only to the persons and in the circumstances the rule allows, essentially the applicant and those the applicant authorizes in writing. An employer's curiosity, or the fact that it contributes to the premium, creates no exception, and an employer's promise of confidentiality cannot enlarge the insurer's authority to disclose. Unauthorized disclosure exposes the insurer to administrative action, so the safe answer to any third-party request is refusal.

Why the other options are wrong

• B) Even a partial disclosure about insurability would leak confidential test-related information to an unauthorized person.
• C) Paying premium gives the employer no right to the applicant's test information.
• D) The employer's confidentiality promise does not create a disclosure the rule does not authorize.

Memory hook

HIV results go to the applicant, and to nobody else without written direction.