Tex. Insurance Code § 545.057
This is the official text of Tex. Insurance Code § 545.057, part of Texas’s Insurance Code — regulates insurance companies and the policies they sell.
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§ 545.057. CONFIDENTIALITY OF TEST RESULT REQUIRED.
Official statutory text
(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 become known except as:
(1) required by law; or
(2) requested or authorized in writing by the applicant or a person legally authorized to consent to the test on the applicant's behalf.
(c) A test result released under Subsection (b)(2) may be released only to:
(1) the applicant;
(2) a person legally authorized to consent to the test;
(3) a licensed physician, medical practitioner, or other person designated by the applicant;
(4) an insurance medical information exchange under procedures designed to ensure confidentiality, including the use of general codes that cover results of tests for other diseases or conditions not related to AIDS, or for the preparation of statistical reports that do not disclose the identity of any particular applicant;
(5) a reinsurer, if the reinsurer is involved in the underwriting process, under procedures designed to ensure confidentiality;
(6) persons within the issuer's organization who have the responsibility to make underwriting decisions for the issuer; or
(7) outside legal counsel that needs the information to effectively represent the issuer regarding the applicant.
(b) An issuer may not release or disclose the test result or otherwise allow the test result to become known except as:
(1) required by law; or
(2) requested or authorized in writing by the applicant or a person legally authorized to consent to the test on the applicant's behalf.
(c) A test result released under Subsection (b)(2) may be released only to:
(1) the applicant;
(2) a person legally authorized to consent to the test;
(3) a licensed physician, medical practitioner, or other person designated by the applicant;
(4) an insurance medical information exchange under procedures designed to ensure confidentiality, including the use of general codes that cover results of tests for other diseases or conditions not related to AIDS, or for the preparation of statistical reports that do not disclose the identity of any particular applicant;
(5) a reinsurer, if the reinsurer is involved in the underwriting process, under procedures designed to ensure confidentiality;
(6) persons within the issuer's organization who have the responsibility to make underwriting decisions for the issuer; or
(7) outside legal counsel that needs the information to effectively represent the issuer regarding the applicant.
Status: in_force · Read it on the official government site
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