211 CMR 36.07 - Applications

Current through Register 1466, April 1, 2022

(1) Carriers and insurance producers are prohibited from requesting any information related to:
(a) counseling about HIV or AIDS; or
(b) the sexual orientation of the individual, or any applicant, proposed insured, policyholder or beneficiary, including questions relating to proxies for sexual orientation.
(2) A 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.

Notes

211 CMR 36.07
Amended by Mass Register Issue 1268, eff. 8/29/2014.

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