2022 Texas Statutes
Insurance Code
Title 5 - Protection of Consumer Interests
Subtitle C - Deceptive, Unfair, and Prohibited Practices
Chapter 545 - HIV Testing
Subchapter B. Issuer Powers and Duties
Section 545.052. Nondiscriminatory Basis Required
Sec. 545.052. NONDISCRIMINATORY BASIS REQUIRED. (a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis.
(b) An issuer may require an applicant to take an HIV-related test only if:
(1) the test is based on the applicant's current medical condition or medical history; or
(2) underwriting guidelines for the coverage amounts require all applicants in the risk class to be tested.
(c) In determining who will be requested or required to take an HIV-related test, an issuer may not use the marital status, occupation, sex, beneficiary designation, or territorial classification, including zip code, of an applicant.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
