ADVOKS GLOBAL · KENYA
HIV and AIDS Prevention and Control Act
35. Exclusion from credit and insurance services
Edition: 2022-12-31 · In force
35. Exclusion from credit and insurance services
(1)Subject to this Act, no person shall be compelled to undergo a HIV test or to disclose his HIV status for the purpose only of gaining access to any credit or loan services, medical, accident or Iife insurance or the extension or continuation of any such services.(2)Notwithstanding the provisions of subsection (1), an insurer, re-insurer or health maintenance organization shall, in the case of life and healthcare service insurance cover, devise a reasonable limit of cover for which a proposer shall not be required to disclose his or her HIV status.(3)Where a proposer seeks a cover exceedipg the no test limit prescribed under subsection (2) the insurer, reinsurer or health maintenance organization may, subject to this Act, require the proposer to undergo an HIV test.(4)Where a proposer elects to undergo an HIV test pursuant to subsection (3) and the results thereof are positive—(a)the proposer shall, at his own expense, enter into such agreed treatment programme with the insurer as may be prescribed by the Cabinet Secretary in consultation with Commissioner for Insurance; or(b)the insurer may impose a reasonable additional premium or lien to the benefits ordinarily purchased; or(c)the insurer may decline granting the cover being sought.(5)A person aggrieved by a determination as to what is reasonable for the purposes of this section may appeal to the Commissioner of Insurance in accordance with such procedure as may be prescribed in regulations and the Commissioner of Insurance shall make a determination on the basis of statistical and actuarial principles and other relevant considerations.(6)A person aggrieved by a determination made under subsection (5) may appeal within thirty days to the Tribunal and the decision of the Tribunal shall be final.