OAR 836-050-0255
Inquiries Regarding Past Test Results


Insurers may ask whether an applicant has tested positive in any HIV antibody test, subject to the following restrictions:

(1)

General questions asking only whether the applicant has taken such a test, regardless of outcome, are prohibited.

(2)

Except as provided in this section, an insurer may not rate or deny coverage based merely on an affirmative response on the application to a questions about past test results. Before rating or denying coverage, the insurer must confirm a positive result to the full test protocol described in OAR 836-050-0250 (Testing for HIV Infection) through medical records or current retesting unless:

(a)

The applicant fails to respond to a request by the insurer for the medical records or for retesting; or

(b)

The insurer is informed that the applicant declines such further testing.

Source: Rule 836-050-0255 — Inquiries Regarding Past Test Results, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-050-0255.

Last Updated

Jun. 8, 2021

Rule 836-050-0255’s source at or​.us