NCJ Number
118224
Journal
Missouri Law Review Volume: 53 Issue: 4 Dated: (Fall 1988) Pages: 679-692
Date Published
1988
Length
14 pages
Annotation
The Missouri General Assembly passed an AIDS bill in 1988 that contains provisions dealing with insurance companies and mandatory testing.
Abstract
The bill restricts insurance companies, upon policy renewal, from denying or altering coverage provided under individual or group policies solely because an individual has HIV infection or an AIDS-related condition. It also prohibits insurance companies from adding riders that exclude AIDS treatment from coverage. In addition, the bill requires the State Division of Insurance to establish regulations for the use of HIV tests by insurers, health service corporations, and health maintenance organizations. The most critical issue to be addressed by the Missouri legislature in the 1989 session is whether underwriters may use HIV test results in underwriting. Should the legislature decide to allow insurance companies to continue using HIV test results in their decisions to insure, testing should be regulated. The bill requires mandatory testing of all prisoners, certain users of methadone treatment centers, and certain inmates of State mental health facilities. Although the legislature is commended for limiting the number of groups subject to mandatory testing, it is suggested that mandatory testing be eliminated altogether. Funds for mandatory testing should instead be used for public education programs on AIDS transmission. 46 references.