Insurance Code § 1202.052

Sec. 1202.052. CANCELLATION PROHIBITED FOR AIDS OR HIV. (a) In this section, "AIDS" and "HIV" have the meanings assigned by Section 81.101, Health and Safety Code. (b) Except as provided by Subsection (c), an insurer that delivers or issues for delivery an individual accident and health insurance policy in this state may not cancel that policy during its term because the insured: (1) has been diagnosed as having AIDS or HIV; (2) has been treated for AIDS or HIV; or (3) is being treated for AIDS or HIV. (c) The insurer may cancel the policy for: (1) failure to pay a premium when due; or (2) fraud or misrepresentation in obtaining coverage by not disclosing a diagnosis of an AIDS or HIV-related condition. (d) The provisions of Chapter 1201, including provisions relating to the applicability, purpose, and enforcement of that chapter, construction of policies under that chapter, rulemaking under that chapter, and definitions of terms applicable in that chapter, apply to this section. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.