No. 39021 (5-year Review): Rule R590-132. Insurance Treatment of Human Immunodeficiency Virus (HIV) Infection

DAR File No.: 39021
Filed: 12/22/2014 03:46:57 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 31A-2-201(3)(4) authorizes the commissioner to write rules to implement the code and to issue orders to secure compliance with the title. The rule identifies and restricts certain underwriting, classification or declination practices that have been used to discriminate against individuals with HIV infection. The rule also provides guidelines regarding confidentiality of AIDS related testing.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has not received any written comments in the past five years regarding this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule makes certain that persons with HIV infection will not be singled out for either unfair discrimination or preferential treatment for insurance purposes. The rule also sets guidelines for HIV testing and the use of test results to protect consumers and their information. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Insurance
Administration
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [e-mail]

Effective:

12/22/2014

Authorized by:

Todd Kiser, Commissioner

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