Title IN, Insurance Code

Sec. 545.052. NONDISCRIMINATORY BASIS REQUIRED. (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 i…

Sec. 545.053. EXPLANATION AND AUTHORIZATION REQUIRED. (a) An issuer that requests or requires an applicant to take an HIV-related test in connection with an application must: (1) provide an explanation to the applicant, or another person legally authorized to consent to the test,…

Sec. 545.054. INQUIRIES REGARDING PREVIOUS TESTS. (a) An issuer may inquire whether an applicant has: (1) tested positive on an HIV-related test; or (2) been diagnosed with HIV or AIDS. (b) An issuer may not inquire whether an applicant has been tested for or has received a negat…

Sec. 545.055. NOTICE OF POSITIVE TEST RESULT; FEE. (a) An applicant must be given written notice of a positive HIV-related test result by: (1) a physician designated by the applicant; or (2) the Texas Department of Health, if the applicant has not designated a physician. (b) The …

Sec. 545.056. ADVERSE UNDERWRITING DECISION; TEST PROTOCOL RULES. An issuer may not make an adverse underwriting decision based on a positive HIV-related test unless a test protocol established by commissioner rule is followed. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff…

Sec. 545.057. CONFIDENTIALITY OF TEST RESULT REQUIRED. (a) An HIV-related test result is confidential. (b) An issuer may not release or disclose the test result or otherwise allow the test result to become known except as: (1) required by law; or (2) requested or authorized in wr…

Sec. 545.701. SANCTIONS. The commissioner may impose sanctions under Chapter 82 on an issuer that violates this chapter. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Sec. 545.702. CIVIL ACTION; PENALTY. (a) A person who is injured by a violation of Section 545.057 may bring a civil action for damages. (b) A person may bring an action to restrain a violation or threatened violation of Section 545.057. (c) If it is found in a civil action that …

Sec. 545.703. CRIMINAL PENALTY. (a) A person or entity commits an offense if the person or entity, with criminal negligence, violates Section 545.057 by: (1) releasing or disclosing a test result or other information; or (2) allowing a test result or other information to become k…