HIV/AIDS Underwriting Requirements (F.S. 627.429)

Before HIV testing, the insurer must disclose its intent and obtain written informed consent explaining the test, its purpose, potential uses, limitations, the meaning of results, and the right to confidentiality. A positive result is delivered by a physician designated by the applicant or the Department of Health. Insurers MAY ask whether a person has tested positive or been diagnosed with ARC or AIDS. Sexual orientation may not be used in underwriting or to decide whom to test — and marital status, living arrangements, occupation, gender, beneficiary designation, or ZIP code may not be used to establish it. Test results get strict confidentiality: released only to the tested individual and their designees, never outside the insurer's need-to-know circle, and never to an industry data bank in identifiable form. No health policy may exclude or limit HIV coverage except through a standard preexisting condition clause; life insurance benefits may not be denied because death was caused by HIV; and no insurer may cancel or nonrenew a health policy because of an HIV/AIDS diagnosis or treatment.

Test only with signed consent, deliver results through a doctor, keep it secret, and never underwrite by who someone loves or where they live.