SUBSTITUTE SENATE BILL NO. 6048


                                                            AS AMENDED BY THE HOUSE


                                                                            C 387 L 89



State of Washington                               51st Legislature                              1989 Regular Session


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



Read first time 3/1/89.



AN ACT Relating to HIV testing for coverage under Title 48 RCW; adding a new section to chapter 70.24 RCW; and declaring an emergency.




          NEW SECTION.  Sec. 1.  A new section is added to chapter 70.24 RCW to read as follows:

          (1) This section shall apply to counseling and consent for HIV testing administered as part of an application for coverage authorized under Title 48 RCW.

          (2) Persons subject to regulation under Title 48 RCW who are requesting an insured, a subscriber, or a potential insured or subscriber to furnish the results of an HIV test for underwriting purposes as a condition for obtaining or renewing coverage under an insurance contract, health care service contract, or health maintenance organization agreement shall:

          (a) Provide written information to the individual prior to being tested which explains:

          (i) What an HIV test is;

          (ii) Behaviors that place a person at risk for HIV infection;

          (iii) That the purpose of HIV testing in this setting is to determine eligibility for coverage;

          (iv) The potential risks of HIV testing; and

          (v) Where to obtain HIV pretest counseling.

          (b) Obtain informed specific written consent for an HIV test.  The written informed consent shall include:

          (i) An explanation of the confidential treatment of the test results which limits access to the results to persons involved in handling or determining applications for coverage or claims of the applicant or claimant and to those persons designated under (c)(iii) of this subsection; and

          (ii) Requirements under (c)(iii) of this subsection.

          (c) Establish procedures to inform an applicant of the following:

          (i) That post-test counseling, as specified under WAC 248-100-209(4), is required if an HIV test is positive or indeterminate;

          (ii) That post-test counseling occurs at the time a positive or indeterminate HIV test result is given to the tested individual;

          (iii) That the applicant may designate a health care provider or health care agency to whom the insurer, the health care service contractor, or health maintenance organization will provide positive or indeterminate test results for interpretation and post-test counseling.  When an applicant does not identify a designated health care provider or health care agency and the applicant's test results are either positive or indeterminate, the insurer, the health care service contractor, or health maintenance organization shall provide the test results to the local health department for interpretation and post-test counseling; and

          (iv) That positive or indeterminate HIV test results shall not be sent directly to the applicant.


          NEW SECTION.  Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                           Passed the Senate April 18, 1989.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House April 14, 1989.


                                                                                                                                         Speaker of the House.