State RegulationsTX specificDifficulty 2/5
A Texas insurer receives a positive HIV test result on an applicant who listed an employer on the application. The employer calls the insurer asking about the result. Under the Texas HIV-related testing rules, the insurer must:
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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, 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.