NCJ Number
109010
Journal
Harvard Law Review Volume: 100 Issue: 7 Dated: (May 1987) Pages: 1806-1825
Date Published
1987
Length
20 pages
Annotation
This article argues that health and life insurance companies must be allowed to test for acquired immune deficiency syndrome (AIDS) when determining insurability.
Abstract
An examination of fundamental insurance principles shows how these principles might be applied to those applicants for insurance who are at risk for developing AIDS. Discussion then focuses on the medical and legal rationales behind testing by insurers and why some jurisdictions have prohibited AIDS-related testing as a prerequisite for insurance. It is argued that the prohibition of AIDS-related testing has created serious problems for insurance companies and inequities for those who are not infected and who purchase insurance. The proposal is put forth to have the Federal Government enact legislation that would grant tax incentives for States to establish pools offering comprehensive health insurance to all citizens regardless of their health status. It is argued that such State health insurance pools would fairly apportion coverage and risk for the uninsurable population. 87 footnotes.