TITLE 23

Health and Safety

CHAPTER 23-6.3

Prevention and Suppression of Contagious Diseases – HIV/AIDS

SECTION 23-6.3-16



   § 23-6.3-16  Insurance exemption. –

(a) Sections 23-6.3-1 – 23-6.3-14 do not apply to the offering or sale of

life insurance in Rhode Island; provided, however, that any insurance company

offering or selling life insurance within Rhode Island that requires an

individual to be tested for infection with human immunodeficiency virus (HIV)

or any other identified causative agent of HIV for purposes of determining

insurability shall: (1) Give that individual prior written notice of those

requirements; (2) Proceed with that testing only upon the written authorization

of the individual or in the event the individual is a minor, the individual's

parent or guardian; and (3) Notify the tested person of his or her positive or

negative test results. If the person has a positive test result he or she must

receive appropriate information and referral from the insurance company.

Notwithstanding anything in this chapter to the contrary, life insurance

companies offering or selling life insurance in Rhode Island may otherwise

obtain or disclose HIV test results in accordance with this chapter. Nothing in

this chapter prohibits that company from collecting data for statistical

purposes, so long as the insured is not identified. However, nothing in this

section shall be construed to permit that insurance company to cancel or refuse

to renew a life insurance policy that by its terms has not lapsed on the basis

of a positive HIV test result.



   (b) The provisions of this chapter apply to the offer or sale

of health benefits in this state by any company regulated under the laws of

this state, including, but not limited to, title 27 and chapter 42-62,

provided, however, this chapter does not apply to the following:



   (1) Individual health benefit policies;



   (2) Small group health benefits plans, i.e., groups having

fewer than twenty-five (25) employees eligible to participate in an employer

sponsored plan, or, in the case of non-employer groups, a group having fewer

than twenty-five (25) employees;



   (3) Late entrants into any group health benefits plan,

regardless of the size of the group. A late entrant shall be defined as any

individual who does not enroll into a health plan when first eligible under the

plan, but who later seeks coverage under the group plan;



   (4) Where an individual seeks to become eligible for an

amount of group disability income benefit, which benefit would be in excess of

the insurer's non-medical maximum as defined under the group plan.



   (c) Any company offering or selling health benefits in this

state and regulated under the laws of this state that requires an individual to

be tested for infection with HIV or any other identified causative agent of HIV

as permitted in paragraphs (2)(i) to (iv) for purposes of determining

insurability shall: (1) Give that individual prior written notice of those

requirements; and (2) Proceed with that testing only upon the written

authorization of the individual, or in the event the individual is a minor, the

individual's parent or guardian. Notwithstanding anything in this chapter to

the contrary, companies offering or selling health benefits in this state may

otherwise obtain or disclose HIV test results in accordance with this chapter.

Nothing in this chapter shall prohibit that company from collecting data for

statistical purposes so long as the identity of the insured may not be

determined from the information released.



   (d) Nothing in this chapter shall be construed to permit any

company that offers or sells health benefits in this state to cancel or refuse

to renew a health benefit, which has not by its terms lapsed, on the basis of a

positive HIV test result.



History of Section.

(P.L. 2009, ch. 196, § 1; P.L. 2009, ch. 289, § 1.)