FINAL BILL REPORT

SSB 6048

                              C 387 L 89

BYSenate Committee on Financial Institutions & Insurance (originally sponsored by Senator von Reichbauer)

Regarding HIV testing under Title 48 RCW.

Senate Committee on Financial Institutions & Insurance

House Committe on Financial Institutions & Insurance

SYNOPSIS AS ENACTED

BACKGROUND:

During the 1988 session, the Legislature adopted the omnibus AIDS bill.  Pursuant to rule-making authority granted under this bill, the Board of Health has adopted regulations which, in part, require a health care practitioner to provide or refer pre-test HIV counseling for those receiving an HIV test.  Some concern has been expressed that this pre-test counseling requirement may not be necessary for those receiving the test as part of an application for insurance coverage.

SUMMARY:

If an HIV test is administered as a condition for obtaining or renewing insurance coverage, the insured or subscriber must receive certain written information explaining the test and related issues.

The insurer, health care contractor, or health maintenance organization (HMO) must have an informed written consent to obtain the results of an HIV test.  Such consent shall contain an explanation of the confidentiality of the test results.

Moreover, the insurer, health care contractor or HMO must inform an applicant of additional information concerning post-test counseling.  The applicant may designate a health care provider or health care agency to interpret positive or indeterminate results and provide post-test counseling.  If the applicant fails to make such designation and the applicant's test results are either positive or indeterminate, test results must be provided to the local health department for interpretation and post-test counseling.  Positive or indeterminate HIV test results may not be sent directly to the applicant.

VOTES ON FINAL PASSAGE:

     Senate   44    4

     House 97  0 (House amended)

     Senate   42    0 (Senate concurred)

EFFECTIVE:May 13, 1989