Aug 16, 2007
I am considering accepting an offer from a private construction company in Texas. I am currently employed in Texas and covered by my company's group health insurance (for over six years) without any exclusions or existing conditions.
My questions are: 1) Can I be required to take an HIV test for employment. 2) Can I be required to take an HIV test for the new company's group health insurance which is self funded. 3) If the new company's insurance package includes life insurance can I be required to test for that.
| Response from Ms. Franzoi
1) I don't think they can require an HIV test as part of a pre-employment physical. 2) If it is a self-insured group health plan, the company must be a mid to large size company. As long as you enroll in the initial enrollment period, there would not be a requiremnent to answer any medical questions or submit to any physicial exams or lab tests. 3) It depends on the plan. Most plans provide for an amount of coverage that is a multiple of your salary. However, there is a maximum on this with respect to the amount an employee can receive without providing medical evidence of good health (i.e., answering a medical questionnaire and/or having certain exams or lab work done). This is called guaranteed issue. If you qualify for an amount above the guaranteed issue limit, you would have to provide medical evidence in order to get that additional coverage.
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