Any person wishing to take medical, accident or life insurance or extension or continuation of any such services, such a person should not be forced to under take a HIV test or disclose his or her status. [Section 35 The HIV and Aids Prevention and Control Act Of 2006]
An insurer or health maintenance organization is supposed to devise a reasonable limit of cover for which the person shall not be required to disclose his or her HIV status. If the person exceeds this reasonable limit of cover then the insurer or health maintenance organization may ask the person intending to be covered to undergo a HIV test. In the event that the person tests HIV positive then the person shall agree to enter into an agreed treatment programme with the insurer. The insurer may impose a reasonable additional premium or lien or decline granting the cover being sought. However this can be challenged either through the commissioner of insurance and if this fails one can appeal to the tribunal.
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