Section 631.90. Restrictions on use of tests for HIV.

 

(1)  In this section, “HIV test" has the meaning given in s. 252.01 (2m) .

(2)  With regard to policies issued or renewed on and after July 20, 1985, an insurer may not do any of the following:

(a) Require or request directly or indirectly any individual to reveal whether the individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.

(b) Condition the provision of insurance coverage on whether an individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.

(c) Consider in the determination of rates or any other aspect of insurance coverage provided to an individual whether an individual has obtained an HIV test or what the results of this test, if obtained by the individual, were.

(3)  

(a) Subsection (2) does not apply with regard to an HIV test for use in the underwriting of individual life, accident and health insurance policies that the commissioner finds and designates by rule as sufficiently reliable for use in the underwriting of individual life, accident and health insurance policies.

(b) Paragraph (a) does not authorize the use of an HIV test to discriminate in violation of s. 628.34 (3) .

1985 a. 29 , 73 ; 1987 a. 70 ss. 34 , 36 ; 1989 a. 201 ss. 31 , 36 ; 1995 a. 27 s. 9126 (19) ; 2007 a. 20 s. 9121 (6) (a) ; 2009 a. 209 . Cross-reference: See also s. Ins 3.53 , Wis. adm. code.