State RegulationsNY specificDifficulty 2/5
Under N.Y. Ins. Law §2611, the written informed consent that precedes an HIV-related test in connection with a life insurance application may also accomplish which of the following?
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under N.Y. Ins. Law §2611, the written consent for an HIV-related test may designate the recipients who are permitted to receive disclosure of the test results, keeping control over this sensitive information in the applicant's hands. Disclosure outside what the consent authorizes is not permitted under New York law.
Why the other options are wrong
- A) Consent is specific and limited to designated recipients; it cannot be stretched to cover any future applicant or unlimited disclosure under §2611.
- B) The Department of Financial Services is not a routine recipient of HIV test results; §2611 contemplates disclosure only to recipients the applicant designates.
- D) The right to written notice of an adverse underwriting decision, including appeal and review options, cannot be waived through the consent under §2611.
Memory hook
The applicant's pen picks who sees HIV results — §2611.