Ohio § 3901.45

§ 3901.45.

(A) As used in sections 3901.45 and 3901.46 of the Revised Code : (1) “AIDS,” “HIV,” “AIDS-related condition,” and “HIV test” have the same meanings as

in section 3701.24 of the Revised Code . (2) “ Insurer ” means any person authorized to engage in the business of life or sickness and accident

insurance under Title XXXIX of the Revised Code or any person or governmental entity

providing health services coverage for individuals on a self-insurance basis. (3) “ Group policy ” means, with respect to life insurance, a policy covering more than twenty-five individuals

and issued pursuant to section 3917.01 of the Revised Code , and with respect to sickness and accident insurance, a policy covering more than

twenty-five individuals and issued pursuant to section 3923.11 , 3923.12 , or 3923.13 of the Revised Code .  “ Group policy ” includes a certificate of life or sickness and accident insurance covering more

than twenty-five individuals under a group policy issued to a multiple employer trust. (4) “ Individual policy ” means, with respect to life insurance and sickness and accident insurance, a policy

other than a group policy, except that “ individual policy ” also includes all of the following: (a) The coverage under a group policy of an individual who seeks to become a member of

an insured group after having declined a previous offer of coverage under the group

policy; (b) An individual who seeks life insurance coverage under a group policy in excess of

the maximum coverage available under the policy without evidence of insurability; (c) A certificate of life or sickness and accident insurance covering no more than twenty-five

individuals under a group policy issued to a multiple employer trust. (B) In processing an application for an individual policy of life or sickness and accident

insurance or in determining insurability of an applicant, no insurer shall: (1) Take into consideration an applicant's sexual orientation; (2) Make any inquiry toward determining an applicant's sexual orientation or direct any

person who provides services to the insurer to investigate an applicant's sexual orientation; (3) Make a decision adverse to the applicant based on entries in medical records or other

reports that show that the applicant has sought an HIV test, consultation regarding

the possibility of developing AIDS or an AIDS-related condition, or counseling for

concerns related to AIDS from health care professionals unless there has been a diagnosis,

confirmed by a positive HIV test, of AIDS or an AIDS-related condition or the applicant

has been treated for either. (C)(1) In developing and asking questions regarding medical histories and lifestyles of

applicants for life or sickness and accident insurance and in assessing the answers,

an insurer shall not ask questions designed to ascertain the sexual orientation of

the applicant nor use factors such as marital status, living arrangements, occupation,

gender, medical history, beneficiary designation, or zip code or other geographic

designation to aid in ascertaining the applicant's sexual orientation. (2) An insurer may ask the applicant if the applicant has ever been diagnosed as having

AIDS or an AIDS-related condition. (3) An insurer may ask the applicant specifically whether the applicant has ever had

a positive result on an HIV test.  “ Positive result ” means a result interpreted as positive in accordance with guidelines developed by

the director of health under division (B)(1) of section 3701.241 of the Revised Code , even though the applicant may have been tested in another state.  “ Positive result ” does not mean an initial positive result that further testing showed to be false. (4) The insurer shall not ask the applicant whether the applicant has ever taken an HIV

test. (D)(1) Except as provided in division (D)(2) of this section, no insurer shall cancel a

policy of life or sickness and accident insurance, or refuse to renew a policy of

life or sickness and accident insurance other than a policy that is renewable at the

option of the insurer, based solely on the fact that, after the effective date of

the policy, the policyholder is diagnosed as having AIDS, an AIDS-related condition,

or an HIV infection. (2) If a policy of life or sickness and accident insurance provides for a contestability

period, an insurer may cancel the policy during the contestability period if the applicant

made a false statement in the application with regard to the question of whether the

applicant has been diagnosed as having AIDS, an AIDS-related condition, or an HIV

infection. (E) No insurer shall deliver, issue for delivery, or renew a policy of life or sickness

and accident insurance that limits benefits or coverage in the event that, after the

effective date of the policy, the insured develops AIDS or an AIDS-related condition

or receives a positive result on an HIV test. (F) An insurer is not required to offer coverage under a policy of life or sickness and

accident insurance to an individual or group member, or a dependent of an individual

or group member, who has AIDS or an AIDS-related condition, or who has had a positive

result on an HIV test. (G) An insurer is not required to continue to provide coverage under a policy of life

or sickness and accident insurance to an individual or group member, or a dependent

of an individual or group member, if the insurer determines the individual or group

member or dependent of the individual or group member knew on the effective date of

the policy that the individual or group member or dependent of the individual or group

member had AIDS, an AIDS-related condition, or a positive result of an HIV test. (H) A violation of this section is an unfair insurance practice under sections 3901.19 to 3901.26 of the Revised Code .