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 (accessed May 26, 2025).

836–050–0000
Purpose, Statutory Authority and Implementation 836–050–0010
Notice of Transfer 836–050–0020
Notice of Rejection 836–050–0105
Statutory Authority 836–050–0110
Uniform Claim Forms 836–050–0115
Permitted Modifications to Uniform Forms 836–050–0120
Effective Date 836–050–0150
Advance Payments 836–050–0200
Purpose, Scope and Definitions 836–050–0205
Authority 836–050–0207
Unfair Trade Practices 836–050–0210
General Exclusions 836–050–0215
Pre-existing Condition Exclusions 836–050–0230
Purpose, Scope and Definitions 836–050–0235
Rulemaking Authority 836–050–0237
Unfair Trade Practices 836–050–0240
General Principles 836–050–0245
Medical and Lifestyle Application Questions and Underwriting Standards 836–050–0250
Testing for HIV Infection 836–050–0255
Inquiries Regarding Past Test Results 836–050–0275
Credit Unions as Associations 836–050–0280
Credit Unions as Association 836–050–0300
Purpose, Authority, Application 836–050–0305
Criteria for orders

May 26, 2025

Rule 836-050-0255's source at or.us

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Location: https://oregon.public.law/rules/oar_836-050-0255

Original Source: Rule 836-050-0255 — Inquiries Regarding Past Test Results, https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-050-0255 (last accessed May 10, 2025).