In 1988, Vermont enacted one of the most detailed, free-standing AIDS
insurance laws in the U.S. Although recent court and legislative actions
have made HIV testing by insurers legal in nearly every state, Vermont's
law clearly details when such testing is allowed and balances the
competing interests of the insurance carrier and the insurance applicant.
Generally, the law bars an insurer from requesting or using past test
results; testing without written, informed consent; and revealing
personal information without permission. It also prohibits the use of
court orders to release information without proving a compelling need and
makes it illegal to use sexual orientation, marital status, living
arrangements, or territorial designations to make underwriting decisions.
The law also created a task force that will, among other duties, gAUge
the law's effect on Vermonters' ability to get insurance.