"Court Rejects HIV-Test Ban for Insurance"

Important note: Information in this article was accurate in 1990. The state of the art may have changed since the publication date.

"Court Rejects HIV-Test Ban for Insurance"

New York Times (12/19/90), P. B1
Sack, Kevin

Abstract: New York State's Court of Appeals yesterday unanimously struck down an Insurance Department rule that prohibited use of HIV tests by individual and small group health insurers. The ruling by the state's highest court upheld a lower court decision that the State Superintendent of Insurance did not have the power to issue the 1987 regulation, ending a three-year legal battle over insurers' use of AIDS tests to deny insurance to HIV-positive applicants. Because a consortium of insurance companies and trade associations filed the lawsuit, the rule never actually took effect. The regulation would have banned use of HIV tests to deny an applicant insurance, prevented insurers from demanding an HIV test from an applicant, and prohibited asking about results of previous tests. Gov. Mario Cuomo's press secretary said the state will review the issue to make insurance available to HIV-positive individuals--New York has the highest population of such patients in the country. Related Story: WSJ (12/19) P. B4

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