Sec. 545.052. NONDISCRIMINATORY BASIS REQUIRED. (a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis. (b) An issuer may require an applicant to take an HIV-related test only if: (1) the test is based on the applicant's current medical condition or medical history; or (2) underwriting guidelines for the coverage amounts require all applicants in the risk class to be tested. (c) In determining who will be requested or required to take an HIV-related test, an issuer may not use the marital status, occupation, sex, beneficiary designation, or territorial classification, including zip code, of an applicant.
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