(a) An issuer that requests or requires applicants to take an HIV-related test must request or require the test on a nondiscriminatory basis.
(b) An issuer may require an applicant to take an HIV-related test only if:
(1) the test is based on the applicant's current medical condition or medical history; or
(2) underwriting guidelines for the coverage amounts require all applicants in the risk class to be tested.
(c) In determining who will be requested or required to take an HIV-related test, an issuer may not use the marital status, occupation, sex, beneficiary designation, or territorial classification, including zip code, of an applicant.