State RegulationsTX specificDifficulty 1/5
Before a Texas insurer may require an applicant for a life or health insurance policy to submit to a test for infection with the human immunodeficiency virus, which of the following is required?
Select an option to reveal the answer and the full 3-part explanation — free, no signup.
Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under 28 TAC 21.704, an insurer may not require or administer a test for infection with HIV unless the person tested has first given written informed consent on a document separate from the application that discloses the purpose of the test and how the result will be used. Consent buried in the application, oral consent, or consent from anyone other than the person tested is not sufficient, and a test taken without the required consent exposes the insurer to TDI disciplinary action and gives the applicant a complaint remedy.
Why the other options are wrong
- A) An employer has no role in consenting to HIV testing of an applicant; the right belongs solely to the person being tested.
- B) 28 TAC 21.704 requires written informed consent on a separate form; an agent's record of an oral consent is never a substitute.
- C) No judicial authorization is required or contemplated by 28 TAC 21.704; the controlling condition is the person's own written informed consent.
Memory hook
Separate form, signed in writing, before the test.