Texas Insurance Code Title 5, Chapter 545 - Hiv Testing

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 545.001 - Definitions
  In this chapter: (1) "AIDS" has the meaning assigned by Section 81.101, Health and Safety Code. (2) "Applicant" means an individual who applies to an...
• Texas Section 545.002 - Exclusive Applicability
  This chapter and rules adopted under this chapter exclusively govern the practices of an issuer in testing applicants to determine or help determine if an...

SUBCHAPTER B ISSUER POWERS AND DUTIES

• Texas Section 545.003 - Rules
  The commissioner may adopt: (1) reasonable rules and forms necessary to implement this chapter; and (2) rules to be followed for an HIV-related test requested...
• Texas Section 545.051 - Hiv-related Testing Authorized
  An issuer may request or require an applicant to take an HIV-related test in connection with the application. Added by Acts 2003, 78th Leg., ch....
• Texas Section 545.052 - Nondiscriminatory Basis Required
  (a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis. (b) An...
• Texas Section 545.053 - Explanation And Authorization Required
  (a) An issuer that requests or requires an applicant to take an HIV-related test in connection with an application must: (1) provide an explanation to...
• Texas Section 545.054 - Inquiries Regarding Previous Tests
  (a) An issuer may inquire whether an applicant has: (1) tested positive on an HIV-related test; or (2) been diagnosed with HIV or AIDS. (b)...
• Texas Section 545.055 - Notice Of Positive Test Result; Fee
  (a) An applicant must be given written notice of a positive HIV-related test result by: (1) a physician designated by the applicant; or (2) the...
• Texas Section 545.056 - Adverse Underwriting Decision; Test Protocol Rules
  An issuer may not make an adverse underwriting decision based on a positive HIV-related test unless a test protocol established by commissioner rule is followed....

SUBCHAPTER O SANCTIONS; PENALTIES; INJUNCTIONS

• Texas Section 545.057 - Confidentiality Of Test Result Required
  (a) An HIV-related test result is confidential. (b) An issuer may not release or disclose the test result or otherwise allow the test result to...
• Texas Section 545.701 - Sanctions
  The commissioner may impose sanctions under Chapter 82 on an issuer that violates this chapter. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2,...
• Texas Section 545.702 - Civil Action; Penalty
  (a) A person who is injured by a violation of Section 545.057 may bring a civil action for damages. (b) A person may bring an...
• Texas Section 545.703 - Criminal Penalty
  (a) A person or entity commits an offense if the person or entity, with criminal negligence, violates Section 545.057 by: (1) releasing or disclosing a...

Last modified: September 28, 2016