State RegulationsTX specificDifficulty 1/5
Before requiring an applicant for a Texas health insurance policy to undergo an HIV-related test, an insurer must obtain:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under 28 TAC 21.704-.705, an insurer may not require an applicant to submit to an HIV-related test unless the applicant has first given written informed consent to that test. The consent must be specific to the HIV-related testing, which means a general authorization to undergo a medical examination is not enough, and neither the agent's recommendation nor the employer's approval can stand in for the applicant's own consent. Because testing without proper consent is a rule violation, the consent document is a compliance item the agent should see completed before the exam.
Why the other options are wrong
- A) No court order is contemplated; the controlling requirement is the applicant's informed consent.
- B) Employer approval is irrelevant to the consent requirement, and employer involvement also raises confidentiality concerns.
- D) The agent's recommendation is not consent; only the applicant's own informed written consent satisfies the rule.
Memory hook
HIV testing needs its own signed, informed consent.