State RegulationsVA specificDifficulty 1/5
An insurer wants to include an HIV-related test as part of the underwriting for a life insurance application in Virginia. Under Va. Code § 38.2-613.01, what is required before the test may be performed?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Va. Code § 38.2-613.01, with supporting administrative rules such as 14 VAC 5-180-50, requires the informed written consent of the individual before an HIV-related test may be performed in connection with insurance underwriting. The requirement reflects the special sensitivity of HIV testing: the applicant must knowingly agree to the test, understanding what it is and what its results may affect. An insurer that tests without this consent acts outside its lawful underwriting authority.
Why the other options are wrong
- A) No court proceeding is part of the underwriting process; the statutory gate is the applicant's informed written consent under Va. Code § 38.2-613.01.
- B) Prior testing by a physician is irrelevant; the consent requirement applies to the insurer's own test regardless of the applicant's testing history.
- C) A physician referral is not the statutory mechanism; the test order in underwriting runs through the applicant's informed written consent.
Memory hook
No signature, no swab — HIV underwriting tests start with informed written consent.