California Life-Only & Accident and Health AgentCalifornia Law - Life and Accident & HealthEasy
A life insurance applicant has tested positive for HIV. Under California law, which of the following is TRUE regarding the disclosure of this test result to the applicant?
- AThe insurer may disclose the positive HIV test result directly to the applicant, provided a waiver is signed.
- BThe insurer must disclose the positive HIV test result to the applicant through a physician or other licensed healthcare provider.
- CThe insurer must disclose the positive HIV test result directly to the applicant's designated beneficiary.
- DThe insurer is prohibited from disclosing any HIV test results to the applicant to protect their privacy.
Show answer & explanationAnswer & explanation
Correct answer: B. The insurer must disclose the positive HIV test result to the applicant through a physician or other licensed healthcare provider.
California law (specifically Health and Safety Code Section 120980) mandates that positive HIV test results be disclosed to the applicant through a physician or other licensed healthcare provider, not directly by the insurer or to a beneficiary.
Why the other options are wrong
- A. Direct disclosure by the insurer, even with a waiver, is not the standard or legally mandated method for positive HIV results.
- C. Disclosing to a beneficiary is not the legally required method for informing the applicant.
- D. Insurers are required to disclose, but through a specific channel, not prohibited from doing so.
HIV Test Disclosure (CA)
In California, positive HIV test results for insurance applicants must be disclosed via a physician or licensed healthcare provider, not directly by the insurer.
- Mandatory disclosure for positive results.
- Disclosure must be through a licensed healthcare professional.
- Protects applicant's privacy and ensures proper medical interpretation.
Memory trick: Healthcare shield protects the patient's report.