SENATE BILL REPORT

SSB 6048

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

Senate Hearing Date(s):February 28, 1989

Majority Report:  That Substitute Senate Bill No. 6048 be substituted therefor, and the substitute bill do pass.

      Signed by Senators von Reichbauer, Chairman; Johnson, Vice Chairman; McCaslin, McMullen, Matson, Moore, Rasmussen, Sellar, Smitherman.

Senate Staff:Benson Porter (786-7470)

                  April 17, 1989

House Committe on Financial Institutions & Insurance

AS PASSED SENATE, MARCH 7, 1989

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 HIV testing is administered as part of an application for insurance coverage, the rules adopted by the Board of Health requiring HIV pre-test counseling do not apply.  HIV testing administered as part of an application for insurance shall be regulated by rules adopted by the Insurance Commissioner.

An applicant must be advised prior to testing that an HIV test will be administered.  An applicant must also receive written information explaining the nature, purpose, and potential ramifications of HIV testing.

If an applicant tests positive for HIV, the insurer must offer the applicant a referral to an appropriate public health service agency.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Clark Sitzes, Independent Insurance Agents (pro); Jean Leonard, State Farm (pro); Dan Wolfe, Safeco (pro); Bobbe Bridge, Washington Privacy Lobby )con); Basil Badley, ACLI (pro); Berry Bogard, Medical Lab Group (pro)

HOUSE AMENDMENTS:

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 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 also 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.