Before a Texas insurer may require an applicant for health coverage to submit to a test for antibodies to the HIV virus, the insurer must first obtain what?

Why B is correct

Under 28 TAC 21.704-21.705, an insurer may not require an applicant to submit to an HIV-related test unless the applicant has first given written informed consent to the test. The rules also govern how the specimen and results are handled and require confidentiality. For a Texas agent, the practical rule is simple: obtain the signed consent before the blood is drawn, or the insurer cannot use the test result in underwriting.

Why the other options are wrong

• A) The department does not pre-approve individual testing. The statutory condition is the applicant's informed written consent, not regulatory permission.
• C) Employer involvement is not part of the requirement, and routing consent through an employer would undermine the confidentiality the rules are designed to protect.
• D) The applicant's physician does not consent on the applicant's behalf. The consent must come from the applicant, and it must be informed and in writing.

Memory hook

HIV test needs the applicant's own signed informed consent first.