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CDC HIV/AIDS/Viral Hepatitis/STD/TB Prevention News Update
Vermont's Comprehensive Insurance Law

December 2, 1988
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.