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HIV Testing for Insurance Act

DE HIV Testing for Insurance Act

Health · Financial

Requires insurers to get an applicant's prior written informed consent before HIV testing, and limits disclosure of applicants' HIV test results to the applicant's consent and narrow insurance purposes such as reinsurers and contracted medical personnel.

Where
Delaware
Citation
18 Del. C. §§ 7401 to 7405 (Title 18, Chapter 74)
Status
In force
Enforced by
Delaware Insurance Commissioner
People can sue
No
Penalties
No penalty stated in the chapter; enforced under the Insurance Code.
Applies to
  • Insurers that require HIV testing of applicants (7403)

Practices it requires

  • Obtain the applicant's prior written informed consent, describing the test and its uses, before HIV testing.18 Del. C. § 7403(a)(1)
  • Limit disclosure of an applicant's HIV test result to disclosures allowed by the chapter, such as to reinsurers or contracted medical personnel when the consent form explains this.18 Del. C. § 7404

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Enactment date (70 Del. Laws c. 176) not fetched; § 7405 notification duties not read in detail.

Research reference, not legal advice.