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insurance application asking if i have hiv
Jun 7, 2013

at my new job, they provide group health insurance for all employees. however, part of the application includes a question that asks, "Have you ever been diagnosed with AIDS or AIDS related complex?" How do I answer that? Can they deny me coverage?

Also, technically I haven't been diagnosed with AIDS, does that matter? what if the application asks if I've ever been diagnosed with HIV? Can they deny me coverage if I say yes to that?

Response from Mr. Chambers

Refusing to cover an eligible employee under an employer-provided health insurance plan is illegal under the federal HIPAA law. They cannot refuse you coverage. In some states, however, they do allow the insurance company to ask health questions. This is more common for employer groups with fewer employees, usually less than 50. This is done so that the carrier can adjust the group's rate and/or to see which employees may require ongoing case medical case management.

Answer the question as it is asked. AIDS Related Complex is a very old term that is only used on insurance forms today. Generally, it means symptomatic HIV. If you haven't been diagnosed with AIDS and you are HIV asymptomatic, the answer to the question as you posed it would be "No."


FMLA, disability
False positive drug testing with presence of THC

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