Texas Insurance Code

§ 545.052 — NONDISCRIMINATORY BASIS REQUIRED

IN § 545.052Title 5. PROTECTION OF CONSUMER INTERESTS · Part C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · Ch. 545. HIV TESTING · Art. B. ISSUER POWERS AND DUTIES

Statute text

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(a)An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis.

(b)An issuer may require an applicant to take an HIV-related test only if:

(1)the test is based on the applicant's current medical condition or medical history; or

(2)underwriting guidelines for the coverage amounts require all applicants in the risk class to be tested.

(c)In determining who will be requested or required to take an HIV-related test, an issuer may not use the marital status, occupation, sex, beneficiary designation, or territorial classification, including zip code, of an applicant.

Legislative history

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.