West Virginia 2019 Regular Session Status: Enacted 1 R cosponsors

SB 545 — Relating to HIV testing

Last action — Chapter 167, Acts, Regular Session, 2019

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

40 added · 255 removed

Plain-language change summary

The amendments made to Bill SB 545 allow the Office of the Insurance Commissioner to update HIV testing protocols for life and health insurance applications, replacing outdated standards. Importantly, the new rules ensure that testing is done fairly, meaning that no person can be denied insurance simply based on HIV testing results unless proper testing procedures are followed. This change matters because it promotes fairness and protection for individuals applying for insurance, especially those living with HIV.

→
Previous
Latest
NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 545 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 545 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Introduced Senate Bill 545 By Senator Azinger [Introduced February 7, 2019;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 545 By Senator Azinger [Passed March 2, 2019;
Referred to the Committee on Health and Human Resources] A BILL to amend and reenact §16-3C-2 of the Code of West Virginia, 1931, as amended, relating to HIV testing;
in effect from passage] AN ACT to amend and reenact §64-7-4 of the Code of West Virginia, 1931, as amended, relating to authorizing the Office of the Insurance Commissioner to promulgate a legislative rule relating to HIV testing;
ARTICLE 3C.
ARTICLE 7.
AIDS-RELATED MEDICAL TESTING AND RECORDS CONFIDENTIALITY ACT.
AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.
§16-3C-2.
§64-7-4.  Office of the Insurance Commissioner.
HIV-related testing;
The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §33-2-10(a) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) is authorized with the following amendment:
methods for obtaining consent;
“5.9.  The testing is required to be administered on a nondiscriminatory basis for all individuals in the same underwriting class.  No proposed insured may be denied coverage or rated a substandard risk on the basis of HIV testing unless acceptable testing protocol is followed including the use of FDA-licensed tests.  The following is the acceptable HIV testing protocol for use in this state:
billing patient health care providers.
a.  An initial enzyme linked immunosorbent assay (ELISA) test is administered to the proposed insured, and it indicates the presence of HIV antibodies;
(a) HIV-related testing should be recommended by health care providers as part of a routine screening for treatable conditions and as part of routine prenatal and perinatal care.
and b.  A second ELISA test is administered and it indicates the presence of HIV;
A physician, dentist, nurse practitioner, nurse midwife, physician assistant, or the commissioner may also request targeted testing for any of the following:
and c.  A Western Blot test is conducted and it confirms the results of the two ELISA tests.
(1) When there is cause to believe that the test could be positive.
5.10.  If any of the tests in the ELISA-ELISA-Western Blot series produce confirmatory test produces a negative result, the testing ceases and the proposed insured cannot be denied coverage based on AIDS-related testing.
Persons who engage in high-risk behavior should be encouraged to be screened for HIV at least annually;
For Example:
(2) When there is cause to believe that the test could provide information important in the care of the patient;
If the initial ELISA test yields a negative result, the testing ceases.  If the initial ELISA test yields a positive result and the subsequent ELISA test yields a negative result, the testing ceases.  If both ELISA tests yield a positive result and the Western Blot test yields a negative result, for purposes of insurability, the results are negative.” Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
(3) When there is cause to believe that the results of HIV-testing of samples of blood or body fluids from a source patient could provide information important in the care of medical or emergency responders or other persons identified in rules proposed by the department for approval by the Legislature in accordance with the provisions of §29A-3-1 et seq.
of this code:
Provided, That the source patient whose blood or body fluids is being tested pursuant to this section must have come into contact with a medical or emergency responder or other person in such a way that a significant exposure has occurred;
(4) When there is no record of any HIV-related or other sexually transmitted disease testing during pregnancy and the woman presents for labor and delivery.
(b) All health care providers, the bureau, or a local health department that routinely bill insurance companies or other third-party providers may bill for HIV-related testing and treatment.
(c) A patient consents to HIV-related testing when:
(1) The patient is informed either orally or in writing that:
(A) HIV-related testing will be performed as part of his or her routine care;
(B) HIV-related testing is voluntary;
and (C) He or she may decline HIV-related testing (opt-out);
or (2) The patient is informed that the patient’s general consent for medical care includes consent for HIV-related testing.
 (d) A patient who opts-out of HIV-related testing must be informed that HIV-related testing may be obtained anonymously at a local or county health department.
 (e) Any person seeking an HIV-related test in a local or county health department or at other HIV test setting provided by the commissioner who wishes to remain anonymous has the right to do so and must be provided written informed consent through the use of using a coded system with no linking of individual identity to the test request or results.
(f) County or local health departments that routinely bill insurance companies or other third-party payers for service may bill for an HIV-related test if the person requesting the test does not request anonymity.
No person may be refused a test at a local health department due to a lack of insurance or due to a request to remain anonymous.
 (g) A person may not decline or opt-out of HIV-related testing and the provisions of subsections (a) and (c) of this section do not apply when:
(1) A health care provider or health facility procures, processes, distributes or uses:
(A) A human body part, including tissue and blood or blood products, donated for:
(i) A purpose specified under the uniform anatomical gift act;
or (ii) Transplant recipients;
(B) Semen provided for the purpose of for artificial insemination and an HIV-related test is necessary to ensure medical acceptability of a recipient or such gift or semen for the purposes intended;
(2) A person is unable or unwilling to grant or withhold consent as the result of a documented bona fide medical emergency, as determined by a treating physician taking into account the nature and extent of the exposure to another person and the HIV-related test results are necessary for medical diagnostic purposes to provide appropriate emergency care or treatment to a medical or emergency responder, or any other person who has come into contact with a source patient in such a way that a significant exposure necessitates HIV testing or to a source patient who is unable to consent in accordance with rules proposed by the department for approval by the Legislature in accordance with §29A-3-1 et seq.
of this code:
Provided, That necessary treatment may not be withheld pending HIV test results:
Provided, however, That all sampling and HIV testing of samples of blood and body fluids, without the opportunity for the source patient or patient’s representative to opt-out of the testing, shall be through the use of a pseudonym and in accordance with rules proposed by the department for approval by the Legislature in accordance with §29A-3-1 et seq.
of this code;
Show all 85 changed rows (45 more)
Previous
Latest
or (3) The performance of an HIV-related test for the purpose of for research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
(h) Mandated testing:
(1) The performance of any HIV-related testing that is or becomes mandatory by court order or other legal process described herein does not require consent of the subject but will include counseling.
(2) The court having jurisdiction of the criminal prosecution shall order that an HIV-related test be performed on any persons charged with any of the following crimes or offenses:
(i) Prostitution;
or (ii) Sexual abuse, sexual assault, incest, or sexual molestation.
(3) HIV-related tests performed on persons charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation shall be confidentially administered by a designee of the bureau or the local or county health department having proper jurisdiction.
The commissioner may designate health care providers in regional jail facilities to administer HIV-related tests on such persons if he or she determines it necessary and expedient.
(4) Costs associated with tests performed on persons charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation may be charged to the defendant or juvenile respondent unless a court determines that the person charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation is pecuniary unable to pay.
(A) If a person charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation who is ordered to be tested is unable to pay, the cost of the HIV testing may be borne by the regional jail or other correctional or juvenile facility, the bureau, or the local health department.
(B) If persons charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation who is ordered to be tested has health insurance, the local health department or other providers performing the test may bill the health insurance of the person charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation for the cost of the test.
(C) A person charged with prostitution, sexual abuse, sexual assault, incest, or sexual molestation ordered to submit to a HIV-related test may not be permitted to remain anonymous and a local health department may administer and bill for the test.
(5) When the Commissioner of the Bureau for Public Health knows or has reason to believe, because of medical or epidemiological information, that a person, including, but not limited to, a person such as an IV drug abuser, or a person who may have a sexually transmitted disease, or a person who has sexually molested, abused, or assaulted another, has HIV infection and is or may be a danger to the public health, he or she may issue an order to:
(i) Require a person to be examined and tested to determine whether the person has HIV infection;
(ii) Require a person with HIV infection to report to a qualified physician or health worker for counseling;
and (iii) Direct a person with HIV infection to cease and desist from specified conduct which endangers the health of others.
(6) If any person violates a cease and desist order issued pursuant to this section and, by virtue of that violation, the person presents a danger to the health of others, the commissioner shall apply to the circuit court of Kanawha County to enforce the cease and desist order by imposing any restrictions upon the person that are necessary to prevent the specific conduct that endangers the health of others.
(7) A person convicted of the offenses described in this section shall be required to undergo HIV-related testing and counseling immediately upon conviction and the court having jurisdiction of the criminal prosecution may not release the convicted person from custody and shall revoke any order admitting the defendant to bail until HIV-related testing and counseling have been performed and the result is known.
The HIV-related test result obtained from the convicted person is to be transmitted to the court and, after the convicted person is sentenced, made part of the court record.
If the convicted person is placed in the custody of the Division of Corrections, the court shall transmit a copy of the convicted person's HIV-related test results to the Division of Corrections.
The HIV-related test results shall be closed and confidential and disclosed by the court and the bureau only in accordance with the provisions of §16-3C-3 of this code.
(8) The prosecuting attorney shall inform the victim, or parent or guardian of the victim, at the earliest stage of the proceedings of the availability of voluntary HIV-related testing and counseling conducted by the bureau and that his or her best health interest would be served by submitting to HIV-related testing and counseling.
HIV-related testing for the victim shall be administered at his or her request on a confidential basis and shall be administered in accordance with the Centers for Disease Control and Prevention guidelines of the United States Public Health Service in effect at the time of such request.
The victim who obtains an HIV-related test shall be provided with pre- and post-test counseling regarding the nature, reliability, and significance of the HIV-related test and the confidential nature of the test.
HIV-related testing and counseling conducted pursuant to this subsection shall be performed by the designee of the commissioner of the bureau or by any local or county health department having proper jurisdiction.
(9) If a person receives counseling or is tested under this subsection and is found to be HIV infected and the person is not incarcerated, the person shall be referred by the health care provider performing the counseling or testing for appropriate medical care and support services.
The local or county health departments or any other agency under this subsection may not be financially responsible for medical care and support services.
(10) The commissioner of the bureau or his or her designees may require a person to undergo an HIV or other sexually transmitted disease test if a person was possibly exposed to HIV or other sexually transmitted disease infected blood or other body fluids as a result of receiving or rendering emergency medical aid, providing funeral services or providing law-enforcement services.
The commissioner of the bureau or his or her designees may use the results to determine the appropriate therapy, counseling, and psychological support for the exposed person.
(11) If an HIV-related test required on persons convicted of prostitution, sexual abuse, sexual assault, incest, or sexual molestation results in a negative reaction, upon motion of the state, the court having jurisdiction over the criminal prosecution may require the subject of the test to submit to further HIV-related tests performed under the direction of the bureau in accordance with the Centers for Disease Control and Prevention guidelines of the United States Public Health Service in effect at the time of the motion of the state.
(12) The costs of mandated testing and counseling provided under this subsection and pre and postconviction HIV-related testing and counseling provided the victim under the direction of the bureau pursuant to this subsection shall be paid by the individual to be tested or counseled or his or her medical insurance provider, if possible.
(13) The court having jurisdiction of the criminal prosecution shall order a person convicted of prostitution, sexual abuse, sexual assault, incest, or sexual molestation to pay restitution to the state or the victim for the costs of any HIV-related testing and counseling provided the convicted person and the victim, unless the court has determined the convicted person to be indigent.
(14) Any funds recovered by the state as a result of an award of restitution under this subsection shall be paid into the State Treasury to the credit of a special revenue fund to be known as the HIV-testing Fund which is hereby created.
The moneys so credited to the fund may be used solely by the bureau for the purposes of facilitating the performance of HIV-related testing and counseling under the provisions of this article.
(i) Nothing in this section is applicable to any insurer regulated under §33-1-1 et seq.
of this code:
Provided, That the commissioner of insurance shall develop standards regarding consent for underwriting questions use used by insurers which that test for the presence of the HIV antibody in connection with applications for life or health insurance policies.
The standards developed by the commissioner may not prescribe the HIV testing protocol to be used by insurers.
The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §64-7-1(e) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) on page five, subsection (5) is stricken.
(j) Whenever consent of the subject to the performance of HIV-related testing is required under this article, §16-3C-1 et seq.
of this code any such consent obtained, whether orally or in writing, shall be considered to be is a valid and informed consent if it is given after compliance with the provisions of subsection (c) of this section.
  NOTE:
The purpose of this bill is to eliminate outdated HIV testing protocols to be used by insurers.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Chapter 167, Acts, Regular Session, 2019

  2. Approved by Governor 3/26/19

  3. Approved by Governor 3/26/19 - House Journal

  4. Approved by Governor 3/26/19 - Senate Journal

  5. To Governor 3/8/19

  6. To Governor 3/8/19 - House Journal

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Effective from passage (Roll No. 320)

  11. Senate concurred in House amendments and passed bill (Roll No. 320)

  12. House Message received

  13. Communicated to Senate

  14. Effective from passage (Roll No. 402)

  15. Title amendment adopted (Voice vote)

  16. Passed House (Roll No. 401)

  17. Read 3rd time

  18. On 3rd reading, Special Calendar

  19. Committee amendment adopted (Voice vote)

  20. Amendment to amendment adopted (Voice)

  21. Read 2nd time

  22. On 2nd reading, Special Calendar

  23. Placed on Special Calender

  24. On 2nd reading, House Calendar

  25. From Special Calendar, 2nd reading, placed on House Calendar

  26. On 2nd reading, Special Calendar

  27. Read 1st time

  28. On 1st reading, Special Calendar

  29. With amendment, do pass

  30. To House Health and Human Resources

  31. To Health and Human Resources

  32. Introduced in House

  33. Ordered to House

  34. Passed Senate (Roll No. 152)

  35. Read 3rd time

  36. On 3rd reading

  37. Read 2nd time

  38. On 2nd reading

  39. Read 1st time

  40. On 1st reading

  41. Reported do pass

  42. To Health and Human Resources

  43. Introduced in Senate

  44. To Health and Human Resources

  45. Filed for introduction

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 151 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 96 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 24000
Unaffiliated 67004
Democrat 5000
Total 96004
% of votes cast 96%0%0%4%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Brown, N. — Yea
Sypolt — Yea
Hartman — Yea
Maynard — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Tomblin — Yea
Nelson — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Bates — Yea
Bibby — Yea
Byrd — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Fast — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Kump — Yea
Lavender-Bowe — Yea
Longstreth — Yea
Lovejoy — Yea
Mandt — Yea
Paynter — Yea
Pethtel — Yea
Shott — Yea
Skaff — Yea
Sponaugle — Yea
Storch — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Jeffries, J. — Yea
Brown, S. — Not Voting
Porterfield — Not Voting
Robinson — Yea
Wilson — Yea
Angelucci — Yea
Atkinson — Yea
Boggs — Yea
Cadle — Yea
Caputo — Yea
Doyle — Yea
Espinosa — Yea
Estep-Burton — Yea
Fleischauer — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Kessinger — Yea
Linville — Yea
Malcolm — Yea
Miley — Not Voting
Pack — Yea
Pyles — Yea
Rodighiero — Not Voting
Rowan — Yea
Rowe — Yea
Staggers — Yea
Steele — Yea
Summers — Yea
Zukoff — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 31001
Republican 2000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
TARR — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Not Voting
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 545?
SB 545 is sponsored by Mike Azinger (Republican).
What is the current status of SB 545?
This bill has been enacted into law. Introduced February 07, 2019. Enacted.
Where can I track SB 545?
Track SB 545 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 545

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 545

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →