State RegulationsVA specificDifficulty 1/5
An insurer wants to test an applicant for HIV infection as part of underwriting an individual accident and sickness application. Under Virginia law, what must the insurer obtain before conducting the test?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Va. Code § 38.2-613.01 and its implementing regulation 14 VAC 5-180-50 require informed written consent before an insurer tests an applicant for HIV infection in connection with underwriting. The written-consent requirement ensures the applicant understands what is being tested, why, and how the result may be used, and it creates a record that consent was actually given. Testing without this consent exposes the insurer to regulatory action by the Virginia Bureau of Insurance and undermines the confidentiality framework that surrounds HIV test information.
Why the other options are wrong
- A) No court order is needed; the statutory gate is the applicant's own informed written consent.
- B) Verbal consent noted by the producer does not satisfy the requirement — the law demands informed consent in writing.
- C) An employer has no role in consenting to an applicant's HIV test; the consent must come from the individual being tested.
Memory hook
No pen, no test: HIV underwriting starts with the applicant's informed written consent.