The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

California’s HIV Screening Law

Posted by brightcoast on October 2, 2008

You can find the article here. It’s definitely better to have more coverage than less. However, what troubles me the most about this is the context of the screening. If, for example, a patient is being screened in the course of a routine physical examination required before obtaining insurance, than this is likely to have drastic consequences. It rings reminiscent of the hypo in Torts where the insurer finds out the patient has HIV, and so denies them coverage, but does not tell the patient why they were denied. Aside from the potential disclosure issues not as directly related to the mandate, I am certain that HIV constitutes a pre-existing condition which would defeat a private insurance application.

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