insurance producers are prohibited from requesting any information related to:
(a) counseling about HIV or AIDS;
(b) the sexual orientation of
the individual, or any applicant, proposed insured, policyholder or
beneficiary, including questions relating to proxies for sexual
carrier may request an individual to disclose whether he or she has received a
positive HIV test result (other than an anonymous result obtained through an
HIV counseling and testing site), whether he or she has received a medical
diagnosis of, or medical treatment for HIV infection or AIDS by a medical
professional, and information about such diagnosis or treatment.
(3) Carriers are permitted to ask questions
on application forms that are diagnostic or factual in nature, concerning
whether an individual has been diagnosed or treated for HIV infection or AIDS.
Questions that are subjective, vague, unfairly discriminatory, overly technical
or that ask for the applicant's opinion are not permitted.