2009 Iowa Code
Title 13 - Commerce
Subtitle 1 - Insurance and Related Regulation
CHAPTER 505 - INSURANCE DIVISION
505.16 - APPLICATIONS FOR INSURANCE -- TEST RESTRICTIONS -- DUTIES OF COMMISSIONER.

        505.16  APPLICATIONS FOR INSURANCE -- TEST
      RESTRICTIONS -- DUTIES OF COMMISSIONER.
         1.  A person engaged in the business of insurance shall not
      require a test of an individual in connection with an application for
      insurance for the presence of an antibody to the human
      immunodeficiency virus unless the individual provides a written
      release on a form approved by the insurance commissioner.  The form
      shall include information regarding the purpose, content, use, and
      meaning of the test, disclosure of test results including information
      explaining the effect of releasing the information to a person
      engaged in the business of insurance, the purpose for which the test
      results may be used, and other information approved by the insurance
      commissioner.  The form shall also authorize the person performing
      the test to provide the results of the test to the insurance company
      subject to rules of confidentiality, consistent with section 141A.9,
      approved by the insurance commissioner.  As used in this section,
      "a person engaged in the business of insurance" includes hospital
      service corporations organized under chapter 514 and health
      maintenance organizations subject to chapter 514B.
         2.  The insurance commissioner shall approve rules for carrying
      out this section including rules relating to the preparation of
      information to be provided before and after a test and the protection
      of confidentiality of personal and medical records of insurance
      applicants and policyholders.  The rules shall require a person
      engaged in the business of insurance who receives results of a
      positive human immunodeficiency virus test of an insurance applicant
      or policyholder to report those results to a physician or alternative
      testing site of the applicant's or policyholder's choice, or if the
      applicant or policyholder does not choose a physician or alternative
      testing site to receive the results, to the Iowa department of public
      health.  

         88 Acts, ch 1234, § 7; 99 Acts, ch 181, §17; 2006 Acts, ch 1117,
      §15
         Referred to in § 141A.7