2022 Delaware Code
Title 18 - Insurance Code
Chapter 74. THE HIV TESTING FOR INSURANCE ACT
§ 7402. Definitions.
For the purpose of this chapter, the following definitions apply:
(1) “Applicant” means the individual proposed for insurance coverage.
(2) “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immune deficiency syndrome (AIDS).
(3) “HIV test” means an enzyme-linked immunosorbent assay (ELISA) to determine the presence of antibodies to the human immunodeficiency virus (HIV) or such other test as may be approved by the Department of Health and Social Services; in the event of a positive or indeterminate result, the Western Blot Assay or an equivalent or more reliable confirmatory test shall also be administered prior to notification of the test result.
(4) “Informed consent” means a voluntary agreement of consent of HIV testing executed by the subject of the test or the subject's legal guardian. Information provided prior to consent shall be provided in such a manner as to be understood by the subject of the test, and shall fully describe:
(a) The test procedures generally;
(b) The implications of the test results;
(c) How the test results will be used;
(d) With whom the test results shall be shared;
(e) The methods of transmission and methods of prevention of HIV infection;
(f) The medically accepted degree of reliability of the testing procedures;
(g) The opportunity of medical treatment for HIV infection and any related infections if diagnosed;
(h) The presumption that a person who is infected with HIV is infected for life; and
(i) The responsibility of an infected person not to knowingly infect others.
(5) “Insurer” means any individual, corporation, association, partnership, fraternal benefit society or any other entity engaged in the insurance underwriting business, except insurance agents and brokers. This term shall also include medical service plans and hospital plans and health maintenance organizations and health service corporations which shall be designated as engaged in the business of insurance for the purpose of this chapter.
