02- 031 C.M.R. ch. 490, § 4 - Medical and lifestyle application questions and underwriting standards

A. No question shall be used on an application for insurance which is designed to establish the sexual orientation of the applicant. Specifically prohibited practices include, but are not limited to, utilization of the marital status, "living arrangements," occupation, gender, medical history, beneficiary designation, or zip code or other territorial classification of an applicant to establish or aid in establishing the applicant's sexual orientation.

B. No question shall be used which requests an applicant to reveal whether the person has obtained an HIV test or the results of an HIV test taken prior to the application for insurance coverage.

C. Questions relating to medical and other factual matters intending to reveal the possible existence of a medical condition are permissible if they are not used in order to establish the sexual orientation of the applicant.

D. Questions relating to the applicant's having or having been diagnosed as having or having been advised to seek treatment for a sexually transmitted disease are permissible.

E. For purposes of rating an applicant for health and life insurance, an insurer may impose territorial rates, but only if the rates are based on sound actuarial principles and are related to actual or reasonably anticipated experience.

F. No decisions concerning rates, rating classification, limitations to coverage, or insurability of any person shall be made because an applicant has demonstrated AIDS-related concerns by seeking counseling from health care professionals.

G. No decisions concerning rates, rating classification, limitations to coverage, or insurability of any person shall be made on the basis of information concerning an applicant's sexual orientation.

H. No insurer or nonprofit entity may make any decision concerning rates, rating classification, limitations to coverage, or insurability of any person on the basis of T-cell tests. Insurers and nonprofit entities may utilize T-cell tests in order to determine whether further diagnostic tests are necessary.

I. Any failure to comply with the terms of this section shall be deemed an unfair trade practice within the meaning of Chapter 23 of the Insurance Code (Title 24-A). The remedies provided in Chapter 23 shall not be exclusive but shall be in addition to any other remedies available by law.

Notes

02- 031 C.M.R. ch. 490, § 4