Among its producers and employees to ensure

among its producers and employees to ensure confidentiality;
The test must be administered in a manner that meets the protocol of the U.S. Department of Health and
Human Services;
The insurer must disclose the test results as authorized by the applicant in writing;
If the applicant has not identified a physician to receive test results, the positive test results and the identity
of the applicant must be sent to the state Department of Health; and
The reporting of test results must include the name and address of the reporting company.
Requiring an HIV test is not considered unfair discrimination as long as the following conditions are met:
The testing is required for all individuals in the same class;

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Proposed insured is not denied coverage on the basis of such testing alone (if no other conditions specified in
the Insurance Code apply); and
The tests and testing procedures have been approved by the United States Food and Drug Administration
(FDA) and otherwise comply with applicable state and federal laws.
Insurers are permitted to ask a proposed insured whether he or she has tested positive on an AIDS-related
test.
In Ohio, an insurer may require an applicant for coverage under the policy to submit to an HIV test only in
conjunction with tests for other health conditions. However, an applicant may not be required to submit to an
HIV test on the basis of the applicant's sexual orientation or through questions designed to ascertain the
applicant's sexual orientation.
2. Selection Criteria
Information the companies obtain relating to risk factors aid the underwriters in determining the extent of
the risks involved. In order to avoid adverse selection, the company will discriminate in favor of good risks
and against poor risks. However, insurance companies cannot unfairly discriminate between individuals of
the same class and equal life expectancy in the rates, benefits, or any terms and conditions of the contract.
The following are examples of underwriting practices in life and health insurance that would constitute
unfair discrimination between individuals of the same class :
Discriminating in policy rates and benefits based solely on
Age or gender;
Physical or mental impairment;
Blindness or partial blindness; or
Genetic characteristics or genetic testing.
Investigating as part of the underwriting process a proposed insured's sexual orientation.
3. Classification of Risks
In classifying a risk, the Home Office underwriting department will look at the applicant’s past medical
history, present physical condition, occupation, habits and morals. If the applicant is acceptable, the
underwriter must then determine the risk or rating classification to be used in deciding whether or not the
applicant should pay a higher or lower premium. A prospective insured may be rated as one of the three
classifications: standard, substandard, or preferred.