Insurance exception - R.I. Gen. Laws Ann. § 23-6.3-16

Rhode Island exempts insurance companies that offer or sell life insurance within Rhode Island (“life insurers”) from complying with sections 23-6.3-1 – 23-6.3-14, regarding informed consent for HIV testing, the confidentiality of HIV testing information, and reporting of HIV test results. Companies that offer health benefits (“health insurers”) must comply with the chapter 23 HIV laws except for: (1) “individual health benefit policies;” (2) “small group health benefit plans;” (3) “late entrants into any group health benefits plans…;” (4) insurers when an seeks eligibility for a group disability income benefit in an amount “in excess of the insurer’s non-medical maximum as defined under the group plan.”

Notwithstanding the above exceptions, life insurers and health insurers that require HIV tests as part of the application process must: (1) notify applicants of the need for an HIV test; and (2) obtain the applicant’s written authorization before performing the test. Life insurers must additionally notify the applicant of their results and refer individuals that test positive to appropriate services.  Life insurers and health insurers may not cancel or refuse to renew the policy of a beneficiary that tests positive for HIV.

Rhode Island requires life insurers and health insurers to comply with the provisions of chapter 23-6.3 that address obtaining or disclosing HIV test results. Life insurers and health insurers may collect de-identified data for statistical purposes.