SENATE BILL REPORT

SB 6048

BYSenator 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)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON FINANCIAL INSTITUTIONS & INSURANCE, FEBRUARY 28, 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.

EFFECT OF PROPOSED SUBSTITUTE:

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:      requested February 27, 1989

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)