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Section 27, The Prevention and Control of Hiv and Aids Act, 2007

Status not yet checkedThe Prevention and Control of Hiv and Aids Act, 2007, Sierra Leone

(1) Subject to this Act, no person shall be compelled toundergo an HIV test or to disclose his HIV status for the purpose only of gaining access to credit or insurance or the extension or continuation of such service. (2) Notwithstanding 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 HIV status. (3) Where a proposer seeks a cover exceeding the no test limit prescribed under subsection (2) the insurer, re-insurer 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 are positive, the insurer or re-insurer may impose a reasonable additional sum to the premium ordinarily levied for the cover sought. (5) A person aggrieved by a determination as to what is reasonable for the purpose of this section may appeal to the Commissioner of Insurance in accordance with such procedure as may be prescribed 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 court.

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