To restrict the use of certain information on HIV testing in underwriting group life, accident and health insurance policies.
“AIDS service organization" means a state designated organization in this state that provides AIDS prevention and education services to the general public and offers direct care and support services to persons with HIV and AIDS at no cost.
“Medical information bureau, inc." means the nonprofit Delaware incorporated trade association, the members of which are life insurance companies, that operates an information exchange on behalf of its members.
“Wisconsin AIDSline" means the state designated statewide AIDS information and medical referral service.
For use in underwriting an individual life, accident or health insurance policy, an insurer may require that the person to be insured be tested, at the insurer's expense, for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
An insurer that requires a test under par. (a)
shall, prior to testing, obtain a signed consent form, in substantially the format specified in Appendix A, either from the person to be tested or from one of the following if the specified condition exists:
The person's parent or guardian, if the person is under 14 years of age.
The person's guardian, if the person is adjudged incompetent under ch. 54
The insurer shall provide a copy of the consent form to the person who signed it and shall maintain a copy of each consent form for at least one year.
The insurer shall provide with the consent form a copy of the document, “Resources for persons with a positive HIV test/The implications of testing positive for HIV." Each insurer shall either obtain copies of the document from the office of the commissioner of insurance or reproduce the document itself. If the document is revised, the insurer shall begin using the revised version no later than 30 days after receiving notice of the revision from the office of the commissioner of insurance.
Ins 3.53 Note
The document referred to in this paragraph is form number OCI 17-001. It may be obtained from the Office of the Commissioner of Insurance, P.O. Box 7873, Madison, Wisconsin 53707-7873.
Tests may be used under par. (a)
only if the tests meet the following criteria:
A single specimen which is repeatedly reactive using any food and drug administration “FDA" licensed enzyme immunoassay “EIA" HIV antibody test and confirmed positive using an FDA licensed HIV antibody confirmatory test.
A single specimen which is repeatedly reactive using any FDA licensed HIV antigen test and an FDA licensed EIA HIV antibody test. A specimen which is repeatedly reactive to an FDA licensed HIV antigen test shall be confirmed through a neutralization assay. A specimen which is repeatedly reactive to an FDA licensed EIA HIV antibody test shall be tested with an FDA licensed HIV antibody confirmatory test.
A single specimen which is tested for the presence of HIV using a molecular amplification method for the detection of HIV nucleic acids consistent with national committee for clinical laboratory standards.
A single specimen which is tested for the presence of HIV using viral culture methods.
A test under par. (e)
shall be performed by a laboratory which meets the requirements of the federal health care financing administration under the clinical laboratory improvement amendments act of 1988.
An insurer that uses an application asking whether the person to be insured has been tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV may ask only whether the person has been tested using one or more of the tests specified in par. (e)
Notwithstanding subd. 1.
, the insurer may not require or request the disclosure of any information as to whether the person to be insured has been tested at an anonymous counseling and testing site designated by the state epidemiologist or at a similar facility in another jurisdiction or through the use of an anonymous home test kit, or to reveal the results of such a test.
(5) Positive test result; insurer's obligation. Ins 3.53(5)(a)(a)
If a test under sub. (4) (e)
is positive and, in the normal course of underwriting, affects the issuance or terms of the policy, the insurer shall provide written notice to the person who signed the consent form that the person tested does not meet the insurer's usual underwriting criteria because of a test result. The insurer shall request that the person provide informed consent for disclosure of the test result to a health care provider with whom the person wants to discuss the test result.
If informed consent for disclosure is obtained, the insurer shall provide the designated health care provider with the test result. If the person refuses to give informed consent for disclosure, the insurer shall, upon the person's request, provide the person who signed the consent form with the test result. The insurer shall include with the report of the test result all of the following:
A statement that the person should contact a private health care provider, a public health clinic, an AIDS service organization or the Wisconsin AIDSline for additional medical evaluation or referral for such services.
(6) Confidentiality of test results.
An insurer that requires a person to be tested under sub. (4) (a)
may disclose the test result only as described in the consent form obtained under sub. (4) (b)
or with written consent for disclosure signed by the person tested or a person specified in sub. (4) (b) 1.
(7) Group policies; additional prohibition.
In underwriting group life, accident or health insurance on an individual basis, in addition to the restrictions specified in s. 631.90 (2)
, Stats., an insurer may not use or obtain from any source, including the medical information bureau, inc., any of the following:
The results of a person's test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
Any other information on whether the person has been tested for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
Ins 3.53 History
Cr. Register, May, 1987, No. 377
, eff. 6-1-87; r. and recr. Register, April, 1991, No. 424
, eff. 5-1-91; am. (1), (3) (b) and (5) (b) 1., r. (3) (c), (d) and (4) (f), renum. (3) (e) to (i) and (4) (g) and (h) to be (3) (c) to (g) and (4) (f) and (g) and am. (3) (f) and (g), (4) (f) and (g), r. and recr. (4) (e), Register, May, 1998, No. 509
, eff. 6-1-98; correction in (4) (b) 2. made under s. 13.92 (4) (b) 7.
, Stats., Register October 2008 No. 634
Ins 3.53 APPENDIX A
[Insurer name and address]
WISCONSIN NOTICE AND CONSENT FOR HUMAN IMMUNODEFICIENCY TESTING
REQUEST FOR CONSENT FOR TESTING
To evaluate your insurability, ( insurer name ) (Insurer) requests that you be tested to determine the presence of human immunodeficiency virus (HIV) antibody or antigens. By signing and dating this form, you agree that this test may be done and that underwriting decisions may be based on the test results. A licensed laboratory will perform one or more tests approved by the Wisconsin Commissioner of Insurance.
Many public health organizations recommend that, if you have any reason to believe you may have been exposed to HIV, you become informed about the implications of the test before being tested. You may obtain information about HIV and counseling from a private health care provider, a public health clinic, or one of the AIDS service organizations on the attached list. You may also wish to obtain an HIV test from an anonymous counseling and testing site before signing this consent form. The Insurer is prohibited from asking you whether you have been tested at an anonymous counseling and testing site and from obtaining the results of such a test. For further information on these options, contact the Wisconsin AIDSline at 1-800-334-2437.
MEANING OF POSITIVE TEST RESULTS
This is not a test for AIDS. It is a test for HIV and shows whether you have been infected by the virus. A positive test result may have an effect on your ability to obtain insurance. A positive test result does not mean that you have AIDS, but it does mean that you are at a seriously increased risk of developing problems with your immune system. HIV tests are very sensitive and specific. Errors are rare but they can occur. If your test result is positive, you may wish to consider further independent testing from your physician, a public health clinic, or an anonymous counseling and testing site.
HIV testing may be arranged by calling the Wisconsin AIDSline at 1-800-334-2437.
NOTIFICATION OF TEST RESULTS
If your HIV test result is negative, no routine notification will be sent to you. If your HIV test result is other than normal, the Insurer will contact you and ask for the name of a physician or other health care provider to whom you may authorize disclosure and with whom you may wish to discuss the test results.
DISCLOSURE OF TEST RESULTS
All test results will be treated confidentially. The laboratory that does the testing will report the result to the Insurer. If necessary to process your application, the Insurer may disclose your test result to another entity such as a contractor, affiliate, or reinsurer. If your HIV test is positive, the Insurer may report it to the Medical Information Bureau (MIB, Inc.), as described in the notice given to you at the time of application. If your HIV test is negative, no report about it will be made to the MIB, Inc. The organizations described in this paragraph may maintain the test results in a file or data bank. These organizations may not disclose the fact that the test has been done or the result of the test except as permitted by law or authorized in writing by you.
I have read and I understand this notice and consent for HIV testing. I voluntarily consent to this testing and the disclosure of the test result as described above. A photocopy or facsimile of this form will be as valid as the original.
Signature of Proposed Insured or Parent,
Guardian, or Health Care Agent/Date
Name of Proposed Insured (Print)
Date of Birth
City, State, and Zip Code
Home health care benefits under disability insurance policies. Ins 3.54(1)(1)
This section implements and interprets ss. 628.34 (1)
and 632.895 (1)
, Stats., for the purpose of facilitating the administration of claims for coverage of home health care under disability insurance policies and the review of policy forms. The commissioner of insurance shall disapprove a policy under s. 631.20
, Stats., if that policy does not meet the minimum requirements specified in this section.
This section applies to disability insurance policies.
“Disability insurance policy" means a disability insurance policy as defined under s. 632.895 (1) (a)
, Stats., which provides coverage of expenses incurred for in-patient hospital care.
“Home health aide services" means nonmedical services performed by a home health aide which:
Are not required to be performed by a registered nurse or licensed practical nurse; and
Primarily aid the patient in performing normal activities of daily living.
“Home care visits" means the period of a visit to provide home care, without limit on the duration of the visit, except each consecutive 4 hours in a 24-hour period of home health aide services is one visit.
“Medically necessary" means that the service or supply is:
Required to diagnose or treat an injury or sickness and shall be performed or prescribed by the physician;
Consistent with the diagnosis and treatment of the sickness or injury;
In accordance with generally accepted standards of medical practice; and
Not solely for the convenience of the insured or the physician.
All disability insurance policies including, but not limited to, medicare supplement or replacement policies, shall provide a minimum of 40 home care visits in a consecutive 12-month period for each person covered under the policy and shall make available coverage for supplemental home care visits as required by s. 632.895 (2) (e)
An insurer shall review each home care claim under a disability insurance policy and may not deny coverage of a home care claim based solely on Medicare's denial of benefits.
An insurer may deny coverage of all or a portion of a home health aide service visit because the visit is not medically necessary, not appropriately included in the home care plan or not necessary to prevent or postpone confinement in a hospital or skilled nursing facility only if:
The insurer has a reasonable, and documented factual basis for the determination; and
The basis for the determination is communicated to the insured in writing.
In determining whether a home care claim, including a claim for home health aide services, is reimbursable under a disability insurance policy, an insurer may apply claim review criteria to determine that home is an appropriate treatment setting for the patient and that it is not reasonable to expect the patient to obtain medically necessary services or supplies on an outpatient basis, subject to the requirements of s. 632.895 (2) (g)
An insurer shall disclose and clearly define the home care benefits and limitations in a disability insurance policy, certificate and outline of coverage. An insurer may not use the terms “homebound" or “custodial" in the sections of a policy describing home care benefits, exclusions, limitations, or reductions.
In determining whether a home care claim under a disability insurance policy involves medically necessary part-time or intermittent care, an insurer shall give due consideration to the circumstances of each claimant and may not make arbitrary decisions concerning the number of home care visits within a given period which the insurer will reimburse. An insurer may not deny a claim for home care visits without properly reviewing and giving due consideration to the plan of care established by the attending physician under s. 632.895 (1) (b)
, Stats. An insurer may use claim review criteria based on the number of home care visits in a period for the purpose of determining whether a more thorough review of a home care claim or plan is conducted.
An insurer may use claim review criteria under par. (d)
only if the criteria and review process do not violate s. Ins 6.11
. An insurer shall comply with s. 628.34 (1)
, Stats., when communicating claim review criteria to applicants, insureds, providers or the public.
Ins 3.54 History
Cr. Register, April, 1976, No. 376
, eff. 6-1-87.