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Insurance Discrimination
by: Virgin Islands Community Aids Resource & Education (VICARE)
Q.	I got a new full-time job, and my company offers health insurance to all full-time employees. Can my company deny me coverage because I’m HIV positive?

A.	No. If you are eligible for coverage in your company’s group insurance plan, then you must be accepted into the insurance plan like anyone else.

Q.	I’m applying for insurance through work, and the application asks if I’m HIV positive. If I say yes, I’m afraid I won’t get the coverage. Isn’t it better to lie?

A.	No. From a legal standpoint, it is never good to lie on an insurance application. If you do, and the insurance company finds out, the insurance company may have the right to cancel your policy. If you are applying for a group insurance at work, then you must be accepted onto that policy, whether you are HIV positive or not.

Q.	I’ve had insurance at work for a year. My boss told me that the insurance premiums have doubled because all of the claims that I made. He said he’s going to drop my insurance coverage. Is that legal?

A.	No. The American With Disabilities Act says that a company cannot discriminate against people with disabilities when offering employment benefits. If you’re the only person denied insurance because of your HIV status, your employer is breaking the law.

Q.	If I apply for individual health insurance (not through work), can the insurance company test me for HIV?

A.	Yes. In fact, it is likely that the insurance company will test for HIV if you apply for an individual policy. It is legal for the insurance company to do so.

Q.	Can the insurance company deny me an individual policy if my test comes back positive?

A.	Yes. It is legal for an insurance company to refuse to provide individual insurance to people with HIV.

Q.	When I apply for insurance, can the insurance company ask about my sexual orientation?

A.	No. The insurance company can only ask you about things that are relevant to your insurability. Back in the mid 198O’s, when AIDS was first identified, many insurance companies found ways to refuse insurance to gay people, for example refusing to issue policies to people who had stereotypically “gay” jobs, like florists to interior designers. Those practices are illegal.


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	Last Reviewed On: 02/12/03

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