State Codes and Statutes

Statutes > California > Ins > 799-799.10

INSURANCE CODE
SECTION 799-799.10



799.  The purposes of this article are to establish standards for
the performance by life and disability income insurers of their duty
to avoid making or permitting unfair distinctions between individuals
of the same class in the underwriting of life or disability income
insurance for the risks of acquired immune deficiency syndrome (AIDS)
and AIDS-related conditions (ARC); to establish mandatory and
uniform minimum standards for assessing AIDS and ARC risks for
determining insurability which are deemed to be sufficiently reliable
to be used for life and disability income insurance risk
classification and underwriting purposes; to require the maintenance
of strict confidentiality of personal information obtained through
testing; and to require informed consent before any insurer tests for
HIV.



799.01.  As used in this article:
   (a) "ELISA" test means an enzyme-linked immunosorbent assay
serologic test which has been licensed by the federal Food and Drug
Administration to detect antibodies to the human immunodeficiency
virus.
   (b) "Positive ELISA test" means an ELISA test performed in
accordance with the manufacturer's specifications which is reactive
on an initial testing and on at least one of two additional tests of
the same specimen.
   (c) "Western Blot Assay" means an assay which uses reagents
consisting of HIV antigens separated by polyacrylamide-gel
electrophoresis and then transferred to nitro-cellulose paper to
detect antibodies to the human immunodeficiency virus.
   (d) "Reactive Western Blot Assay" means a Western Blot Assay which
is reactive according to the standards of performance and results
specified in the manufacturer's federal Food and Drug Administration
approved product circular for the Western Blot Assay reagents and
laboratory apparatus.
   (e) "HIV antibody test" means an ELISA test or a Western Blot
Assay, or both.
   (f) "Life or disability income insurer" means an insurer licensed
to transact life insurance or disability insurance in this state or a
fraternal benefit society licensed in this state.
   (g) "Certificate" means a certificate of group life insurance or
group disability income insurance delivered in this state, regardless
of the situs of the group master policy.
   (h) "Policy" means an individual life insurance policy or
individual disability income insurance policy delivered in this state
or a certificate of life insurance benefits or disability income
insurance benefits delivered in this state by a fraternal benefit
society.
   (i) "Disability income insurance" means insurance against loss of
occupational earning capacity arising from injury, sickness, or
disablement.



799.02.  Notwithstanding subdivision (f) of Section 120980 of the
Health and Safety Code or any other provisions of law, a life or
disability income insurer may decline a life or disability income
insurance application or enrollment request on the basis of a
positive ELISA test followed by a positive Western Blot Assay
performed by or at the direction of the insurer on the same specimen
of the applicant.
   This authorization applies only to policies, certificates, and
applications for coverage (a) that are issued, delivered, or received
on or after the effective date of the urgency statute amending this
section enacted during the 1989 portion of the 1989-90 Regular
Session and (b) the issuance or granting of which is otherwise
contingent upon medical review for other diseases or medical
conditions to be effective.
   This article shall not be construed to prohibit an insurer from
declining an application or enrollment request for insurance because
the applicant has been diagnosed as having AIDS or ARC by a medical
professional.



799.03.  No insurer shall test for HIV or for the presence of
antibodies to HIV for the purpose of determining insurability other
than in accordance with the informed consent, counseling, and privacy
protection provisions of this article and Article 6.6 (commencing
with Section 791). Notwithstanding any other provision of law, this
constitutes the exclusive requirements for counseling, informed
consent, and privacy protection for that testing.
   (a) An insurer that requests an applicant to take an HIV-related
test shall obtain the applicant's written informed consent for the
test. Written informed consent shall include a description of the
test to be performed, including its purpose, potential uses, and
limitations, the meaning of its results, procedures for notifying the
applicant of the results, and the right to confidential treatment of
the results. Prior to the applicant's execution of the consent, the
insurer shall:
   (1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test or
tests used to detect HIV or the HIV antibody, and what a person can
do whose test results are positive or negative.
   (2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in understanding
the meaning of the test and its results. The list may be provided
from publicly available information.
   (b) The insurer shall notify an applicant of a positive test
result by notifying the applicant's designated physician. If the
applicant tested has not given written consent authorizing a
physician to receive the test results, the applicant shall be urged,
at the time the applicant is informed of the positive test results,
to contact a private physician, the county department of health, the
State Department of Health Services, local medical societies, or
alternative test sites for appropriate counseling.
   (c) The commissioner shall develop and adopt standardized language
for the informed consent disclosure form required by this section to
be given to any applicant for life or disability income insurance
who takes an HIV-related test.



799.04.  A life or disability income insurer may not require an
applicant to undergo an HIV antibody test unless the cost of the test
is borne by the insurer.


799.05.  No life or disability income insurer shall consider the
marital status or known or suspected homosexuality or bisexuality of
an applicant for life insurance or disability income insurance in
determining whether to require an HIV antibody test of that
applicant.



799.06.  All underwriting activities undertaken by insurers pursuant
to this article shall be subject to all applicable provisions of
Article 6.6 (commencing with Section 791). On and after January 1,
1990, no application or enrollment request for life or disability
income insurance shall contain a question pertaining to prior testing
for HIV antibodies, unless the question is limited in scope to prior
testing for the purpose of obtaining insurance.



799.07.  If an applicant has had a positive ELISA test result or a
positive Western Blot Assay or both, a life or disability income
insurer shall not report a code to an insurance support organization
as defined in Section 791.02 or another insurer unless a nonspecific
test result code is used which does not indicate that the individual
was subject to testing related to the human immunodeficiency virus.




799.08.  No policy or certificate shall limit benefits otherwise
payable if loss is caused or contributed to by AIDS or ARC unless the
insurer could have declined the application or enrollment request of
the insured as provided in Section 799.02.



799.09.  No life or disability income insurer shall require an HIV
antibody test if the results of the test would be used exclusively or
nonexclusively for the purpose of determining eligibility for
hospital, medical, or surgical insurance coverage or eligibility for
coverage under a nonprofit hospital service plan or health care
service plan.



799.10.  (a) This section shall apply to the disclosure of the
results of HIV antibody tests requested by an insurer pursuant to
this article and, notwithstanding the provisions of Section 120980 of
the Health and Safety Code, Section 120980 of the Health and Safety
Code does not apply to the disclosure of the results of HIV antibody
tests conducted pursuant to this article.
   (b) Any person who negligently discloses results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not to exceed one thousand
dollars ($1,000) plus court costs, as determined by the court, which
penalty and costs shall be paid to the subject of the test.
   (c) Any person who willfully discloses the results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not less than one thousand
dollars ($1,000) and not more than five thousand dollars ($5,000)
plus court costs, as determined by the court, which penalty and costs
shall be paid to the subject of the test.
   (d) Any person who willfully or negligently discloses the results
of an HIV antibody test to a third party, in a manner that identifies
or provides identifying characteristics of the person to whom the
test results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, that
results in economic, bodily, or psychological harm to the subject of
the test, is guilty of a misdemeanor punishable by imprisonment in
the county jail for a period not to exceed one year, by a fine of not
to exceed ten thousand dollars ($10,000), or by both that fine and
imprisonment.
   (e) Any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate cause of the act.
   (f) Each disclosure made in violation of this section is a
separate and actionable offense.
   (g) "Written authorization," as used in this section, applies only
to the disclosure of test results by a person responsible for the
care and treatment of the person subject to the test. Written
authorization is required for each separate disclosure of the test
results, and shall include to whom the disclosure would be made.


State Codes and Statutes

Statutes > California > Ins > 799-799.10

INSURANCE CODE
SECTION 799-799.10



799.  The purposes of this article are to establish standards for
the performance by life and disability income insurers of their duty
to avoid making or permitting unfair distinctions between individuals
of the same class in the underwriting of life or disability income
insurance for the risks of acquired immune deficiency syndrome (AIDS)
and AIDS-related conditions (ARC); to establish mandatory and
uniform minimum standards for assessing AIDS and ARC risks for
determining insurability which are deemed to be sufficiently reliable
to be used for life and disability income insurance risk
classification and underwriting purposes; to require the maintenance
of strict confidentiality of personal information obtained through
testing; and to require informed consent before any insurer tests for
HIV.



799.01.  As used in this article:
   (a) "ELISA" test means an enzyme-linked immunosorbent assay
serologic test which has been licensed by the federal Food and Drug
Administration to detect antibodies to the human immunodeficiency
virus.
   (b) "Positive ELISA test" means an ELISA test performed in
accordance with the manufacturer's specifications which is reactive
on an initial testing and on at least one of two additional tests of
the same specimen.
   (c) "Western Blot Assay" means an assay which uses reagents
consisting of HIV antigens separated by polyacrylamide-gel
electrophoresis and then transferred to nitro-cellulose paper to
detect antibodies to the human immunodeficiency virus.
   (d) "Reactive Western Blot Assay" means a Western Blot Assay which
is reactive according to the standards of performance and results
specified in the manufacturer's federal Food and Drug Administration
approved product circular for the Western Blot Assay reagents and
laboratory apparatus.
   (e) "HIV antibody test" means an ELISA test or a Western Blot
Assay, or both.
   (f) "Life or disability income insurer" means an insurer licensed
to transact life insurance or disability insurance in this state or a
fraternal benefit society licensed in this state.
   (g) "Certificate" means a certificate of group life insurance or
group disability income insurance delivered in this state, regardless
of the situs of the group master policy.
   (h) "Policy" means an individual life insurance policy or
individual disability income insurance policy delivered in this state
or a certificate of life insurance benefits or disability income
insurance benefits delivered in this state by a fraternal benefit
society.
   (i) "Disability income insurance" means insurance against loss of
occupational earning capacity arising from injury, sickness, or
disablement.



799.02.  Notwithstanding subdivision (f) of Section 120980 of the
Health and Safety Code or any other provisions of law, a life or
disability income insurer may decline a life or disability income
insurance application or enrollment request on the basis of a
positive ELISA test followed by a positive Western Blot Assay
performed by or at the direction of the insurer on the same specimen
of the applicant.
   This authorization applies only to policies, certificates, and
applications for coverage (a) that are issued, delivered, or received
on or after the effective date of the urgency statute amending this
section enacted during the 1989 portion of the 1989-90 Regular
Session and (b) the issuance or granting of which is otherwise
contingent upon medical review for other diseases or medical
conditions to be effective.
   This article shall not be construed to prohibit an insurer from
declining an application or enrollment request for insurance because
the applicant has been diagnosed as having AIDS or ARC by a medical
professional.



799.03.  No insurer shall test for HIV or for the presence of
antibodies to HIV for the purpose of determining insurability other
than in accordance with the informed consent, counseling, and privacy
protection provisions of this article and Article 6.6 (commencing
with Section 791). Notwithstanding any other provision of law, this
constitutes the exclusive requirements for counseling, informed
consent, and privacy protection for that testing.
   (a) An insurer that requests an applicant to take an HIV-related
test shall obtain the applicant's written informed consent for the
test. Written informed consent shall include a description of the
test to be performed, including its purpose, potential uses, and
limitations, the meaning of its results, procedures for notifying the
applicant of the results, and the right to confidential treatment of
the results. Prior to the applicant's execution of the consent, the
insurer shall:
   (1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test or
tests used to detect HIV or the HIV antibody, and what a person can
do whose test results are positive or negative.
   (2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in understanding
the meaning of the test and its results. The list may be provided
from publicly available information.
   (b) The insurer shall notify an applicant of a positive test
result by notifying the applicant's designated physician. If the
applicant tested has not given written consent authorizing a
physician to receive the test results, the applicant shall be urged,
at the time the applicant is informed of the positive test results,
to contact a private physician, the county department of health, the
State Department of Health Services, local medical societies, or
alternative test sites for appropriate counseling.
   (c) The commissioner shall develop and adopt standardized language
for the informed consent disclosure form required by this section to
be given to any applicant for life or disability income insurance
who takes an HIV-related test.



799.04.  A life or disability income insurer may not require an
applicant to undergo an HIV antibody test unless the cost of the test
is borne by the insurer.


799.05.  No life or disability income insurer shall consider the
marital status or known or suspected homosexuality or bisexuality of
an applicant for life insurance or disability income insurance in
determining whether to require an HIV antibody test of that
applicant.



799.06.  All underwriting activities undertaken by insurers pursuant
to this article shall be subject to all applicable provisions of
Article 6.6 (commencing with Section 791). On and after January 1,
1990, no application or enrollment request for life or disability
income insurance shall contain a question pertaining to prior testing
for HIV antibodies, unless the question is limited in scope to prior
testing for the purpose of obtaining insurance.



799.07.  If an applicant has had a positive ELISA test result or a
positive Western Blot Assay or both, a life or disability income
insurer shall not report a code to an insurance support organization
as defined in Section 791.02 or another insurer unless a nonspecific
test result code is used which does not indicate that the individual
was subject to testing related to the human immunodeficiency virus.




799.08.  No policy or certificate shall limit benefits otherwise
payable if loss is caused or contributed to by AIDS or ARC unless the
insurer could have declined the application or enrollment request of
the insured as provided in Section 799.02.



799.09.  No life or disability income insurer shall require an HIV
antibody test if the results of the test would be used exclusively or
nonexclusively for the purpose of determining eligibility for
hospital, medical, or surgical insurance coverage or eligibility for
coverage under a nonprofit hospital service plan or health care
service plan.



799.10.  (a) This section shall apply to the disclosure of the
results of HIV antibody tests requested by an insurer pursuant to
this article and, notwithstanding the provisions of Section 120980 of
the Health and Safety Code, Section 120980 of the Health and Safety
Code does not apply to the disclosure of the results of HIV antibody
tests conducted pursuant to this article.
   (b) Any person who negligently discloses results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not to exceed one thousand
dollars ($1,000) plus court costs, as determined by the court, which
penalty and costs shall be paid to the subject of the test.
   (c) Any person who willfully discloses the results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not less than one thousand
dollars ($1,000) and not more than five thousand dollars ($5,000)
plus court costs, as determined by the court, which penalty and costs
shall be paid to the subject of the test.
   (d) Any person who willfully or negligently discloses the results
of an HIV antibody test to a third party, in a manner that identifies
or provides identifying characteristics of the person to whom the
test results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, that
results in economic, bodily, or psychological harm to the subject of
the test, is guilty of a misdemeanor punishable by imprisonment in
the county jail for a period not to exceed one year, by a fine of not
to exceed ten thousand dollars ($10,000), or by both that fine and
imprisonment.
   (e) Any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate cause of the act.
   (f) Each disclosure made in violation of this section is a
separate and actionable offense.
   (g) "Written authorization," as used in this section, applies only
to the disclosure of test results by a person responsible for the
care and treatment of the person subject to the test. Written
authorization is required for each separate disclosure of the test
results, and shall include to whom the disclosure would be made.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ins > 799-799.10

INSURANCE CODE
SECTION 799-799.10



799.  The purposes of this article are to establish standards for
the performance by life and disability income insurers of their duty
to avoid making or permitting unfair distinctions between individuals
of the same class in the underwriting of life or disability income
insurance for the risks of acquired immune deficiency syndrome (AIDS)
and AIDS-related conditions (ARC); to establish mandatory and
uniform minimum standards for assessing AIDS and ARC risks for
determining insurability which are deemed to be sufficiently reliable
to be used for life and disability income insurance risk
classification and underwriting purposes; to require the maintenance
of strict confidentiality of personal information obtained through
testing; and to require informed consent before any insurer tests for
HIV.



799.01.  As used in this article:
   (a) "ELISA" test means an enzyme-linked immunosorbent assay
serologic test which has been licensed by the federal Food and Drug
Administration to detect antibodies to the human immunodeficiency
virus.
   (b) "Positive ELISA test" means an ELISA test performed in
accordance with the manufacturer's specifications which is reactive
on an initial testing and on at least one of two additional tests of
the same specimen.
   (c) "Western Blot Assay" means an assay which uses reagents
consisting of HIV antigens separated by polyacrylamide-gel
electrophoresis and then transferred to nitro-cellulose paper to
detect antibodies to the human immunodeficiency virus.
   (d) "Reactive Western Blot Assay" means a Western Blot Assay which
is reactive according to the standards of performance and results
specified in the manufacturer's federal Food and Drug Administration
approved product circular for the Western Blot Assay reagents and
laboratory apparatus.
   (e) "HIV antibody test" means an ELISA test or a Western Blot
Assay, or both.
   (f) "Life or disability income insurer" means an insurer licensed
to transact life insurance or disability insurance in this state or a
fraternal benefit society licensed in this state.
   (g) "Certificate" means a certificate of group life insurance or
group disability income insurance delivered in this state, regardless
of the situs of the group master policy.
   (h) "Policy" means an individual life insurance policy or
individual disability income insurance policy delivered in this state
or a certificate of life insurance benefits or disability income
insurance benefits delivered in this state by a fraternal benefit
society.
   (i) "Disability income insurance" means insurance against loss of
occupational earning capacity arising from injury, sickness, or
disablement.



799.02.  Notwithstanding subdivision (f) of Section 120980 of the
Health and Safety Code or any other provisions of law, a life or
disability income insurer may decline a life or disability income
insurance application or enrollment request on the basis of a
positive ELISA test followed by a positive Western Blot Assay
performed by or at the direction of the insurer on the same specimen
of the applicant.
   This authorization applies only to policies, certificates, and
applications for coverage (a) that are issued, delivered, or received
on or after the effective date of the urgency statute amending this
section enacted during the 1989 portion of the 1989-90 Regular
Session and (b) the issuance or granting of which is otherwise
contingent upon medical review for other diseases or medical
conditions to be effective.
   This article shall not be construed to prohibit an insurer from
declining an application or enrollment request for insurance because
the applicant has been diagnosed as having AIDS or ARC by a medical
professional.



799.03.  No insurer shall test for HIV or for the presence of
antibodies to HIV for the purpose of determining insurability other
than in accordance with the informed consent, counseling, and privacy
protection provisions of this article and Article 6.6 (commencing
with Section 791). Notwithstanding any other provision of law, this
constitutes the exclusive requirements for counseling, informed
consent, and privacy protection for that testing.
   (a) An insurer that requests an applicant to take an HIV-related
test shall obtain the applicant's written informed consent for the
test. Written informed consent shall include a description of the
test to be performed, including its purpose, potential uses, and
limitations, the meaning of its results, procedures for notifying the
applicant of the results, and the right to confidential treatment of
the results. Prior to the applicant's execution of the consent, the
insurer shall:
   (1) Provide the applicant printed material describing HIV, its
causes and symptoms, the manner in which it is spread, the test or
tests used to detect HIV or the HIV antibody, and what a person can
do whose test results are positive or negative.
   (2) Provide the applicant a list of counseling resources
available, where the applicant can obtain assistance in understanding
the meaning of the test and its results. The list may be provided
from publicly available information.
   (b) The insurer shall notify an applicant of a positive test
result by notifying the applicant's designated physician. If the
applicant tested has not given written consent authorizing a
physician to receive the test results, the applicant shall be urged,
at the time the applicant is informed of the positive test results,
to contact a private physician, the county department of health, the
State Department of Health Services, local medical societies, or
alternative test sites for appropriate counseling.
   (c) The commissioner shall develop and adopt standardized language
for the informed consent disclosure form required by this section to
be given to any applicant for life or disability income insurance
who takes an HIV-related test.



799.04.  A life or disability income insurer may not require an
applicant to undergo an HIV antibody test unless the cost of the test
is borne by the insurer.


799.05.  No life or disability income insurer shall consider the
marital status or known or suspected homosexuality or bisexuality of
an applicant for life insurance or disability income insurance in
determining whether to require an HIV antibody test of that
applicant.



799.06.  All underwriting activities undertaken by insurers pursuant
to this article shall be subject to all applicable provisions of
Article 6.6 (commencing with Section 791). On and after January 1,
1990, no application or enrollment request for life or disability
income insurance shall contain a question pertaining to prior testing
for HIV antibodies, unless the question is limited in scope to prior
testing for the purpose of obtaining insurance.



799.07.  If an applicant has had a positive ELISA test result or a
positive Western Blot Assay or both, a life or disability income
insurer shall not report a code to an insurance support organization
as defined in Section 791.02 or another insurer unless a nonspecific
test result code is used which does not indicate that the individual
was subject to testing related to the human immunodeficiency virus.




799.08.  No policy or certificate shall limit benefits otherwise
payable if loss is caused or contributed to by AIDS or ARC unless the
insurer could have declined the application or enrollment request of
the insured as provided in Section 799.02.



799.09.  No life or disability income insurer shall require an HIV
antibody test if the results of the test would be used exclusively or
nonexclusively for the purpose of determining eligibility for
hospital, medical, or surgical insurance coverage or eligibility for
coverage under a nonprofit hospital service plan or health care
service plan.



799.10.  (a) This section shall apply to the disclosure of the
results of HIV antibody tests requested by an insurer pursuant to
this article and, notwithstanding the provisions of Section 120980 of
the Health and Safety Code, Section 120980 of the Health and Safety
Code does not apply to the disclosure of the results of HIV antibody
tests conducted pursuant to this article.
   (b) Any person who negligently discloses results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not to exceed one thousand
dollars ($1,000) plus court costs, as determined by the court, which
penalty and costs shall be paid to the subject of the test.
   (c) Any person who willfully discloses the results of an HIV
antibody test to any third party, in a manner that identifies or
provides identifying characteristics of the person to whom the test
results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall
be assessed a civil penalty in an amount not less than one thousand
dollars ($1,000) and not more than five thousand dollars ($5,000)
plus court costs, as determined by the court, which penalty and costs
shall be paid to the subject of the test.
   (d) Any person who willfully or negligently discloses the results
of an HIV antibody test to a third party, in a manner that identifies
or provides identifying characteristics of the person to whom the
test results apply, except pursuant to a written authorization, as
described in subdivision (g), or except as provided in this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, that
results in economic, bodily, or psychological harm to the subject of
the test, is guilty of a misdemeanor punishable by imprisonment in
the county jail for a period not to exceed one year, by a fine of not
to exceed ten thousand dollars ($10,000), or by both that fine and
imprisonment.
   (e) Any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate cause of the act.
   (f) Each disclosure made in violation of this section is a
separate and actionable offense.
   (g) "Written authorization," as used in this section, applies only
to the disclosure of test results by a person responsible for the
care and treatment of the person subject to the test. Written
authorization is required for each separate disclosure of the test
results, and shall include to whom the disclosure would be made.