Insurance Code 799.03 (1988, amended 1989, 1993)

Summary:

No life or disability income insurer shall test for HIV without obtaining applicant's informed consent, and providing counseling and privacy protection. In the event of a positive test, the insurer shall notify the applicant's designated physician.

Keywords:
laboratory tests , HIV/AIDS, non-health insurer, records disclosure to subject
California Penalty: 
Insurance Code 799.10(b): negligent disclosure of HIV tests to third parties shall be assessed civil penalty of up to $1000; 799(c): willful disclosure carries penalties between $1000 and $5000; 799(d): willful or negligent disclosures resulting in harm are misdemeanors with maximum sentence of one year, and fine of $10,000.
Other Relevant California Code Sections: 
Insurance Code 799; Insurance Code 791
Subject Conferred Legal Right of Action: 
Insurance Code 799.10(e): willful and negligent disclosures shall be liable for actual damages caused by the disclosure.
Associated Federal Law(s): 
164.316(a)
Policies and procedures and documentation requirements. : implement reasonable and appropriate polices and procedures to comply with the standards, implementation specifications, and other requirements.
Associated Federal Law(s): 
164.506(a)
Uses and disclosures to carry out treatment, payment, or health care operations : Permitted uses and disclosures