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Health Laws 21

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Florida Healthy Kids Corporation *****

Florida Health Kids Corporation was created as a way to help insure Florida's uninsured children with affordable premiums to families. Here are the points you need to focus on:

 

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Requirements Related to HIV/AIDS *****

HIV testing: AIDS exclusion clause

The insurer must disclose its intent to test a person for HIV prior to testing, and must get the person's written informed consent to administer the test. The written consent must include:

An applicant shall not be notified of a positive test result by the insurer, but by a physician designated by the applicant or, in the absence of such designation, the Department of Health.

An insurer may inquire whether a person has been tested for exposure to the HIV, but sexual orientation may not be used in the underwriting process or in the determination of which applicants may be tested. Obviously, insurers must maintain strict confidentiality regarding test results. The only party outside of the insurance company or its employees, affiliates, or reinsurers who may receive information about the test results is the person tested and persons designated in writing by the person tested. The insurer may not furnish specific test results for exposure to the HIV infection to an insurer industry data bank if a review of the information would identify the individual and the specific test results.*********

Restrictions on coverage exclusions and limitations *****

Insurance companies, including life insurance companies, must treat claims for HIV/AIDS like any other claim.

No health insurance policy may contain an exclusion or limitation with respect to coverage for exposure to the HIV infection or a specific sickness or medical condition derived from HIV infection, except as provided in a preexisting condition clause.

Benefits under a life insurance policy may not be denied or limited based on the fact that the insured's death was caused, directly or indirectly, by exposure to the HIV infection or a specific sickness or medical condition derived from such infection.

Prohibited cancellation for HIV or AIDS *****

Policies may not be canceled because of the diagnosis or treatment of HIV/AIDS.

No insurer shall cancel or nonrenew the health insurance policy of any insured because of the diagnosis or treatment of HIV or AIDS.

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