Section 760 IAC 1-39-4 - Application questionsAuthority: IC 27-1-3-7
Affected: IC 27-1-3-19; IC 27-1-12-13; IC 27-8-5-1
Sec. 4.
In its applications for coverage, an insurer may ask any questions of a medically specific nature that are necessary to render a fully informed underwriting determination based upon sound actuarial principles concerning whether to accept or rate a particular risk, subject to the following conditions:
(1) No question in an application for health or life insurance coverage shall be directed towards determining the applicant's sexual orientation.(2) No question shall be used which is designed to establish the sexual orientation of the applicant.(3) Questions relating to the applicant having:(B) been diagnosed as having HIV; are permissible if they are factual, objective, and designed to establish the existence of the condition. (4) Questions relating to medical and other factual matters intending to reveal the possible existence of medical conditions are permissible if they are not used as a proxy to establish the sexual orientation of the applicant, and the applicant has been given an opportunity to provide an explanation for any affirmative answers given in the application. Questions shall be related to a finite period of time preceding completion of the application, shall be specific, objective, and shall provide the applicant the opportunity to give a detailed explanation.(5) Questions relating to the applicant having:(A) a sexually transmitted disease;(B) been diagnosed as having a sexually transmitted disease; or(C) been advised to seek treatment for a sexually transmitted disease; are permissible.Department of Insurance; 760 IAC 1-39-4; filed May 13, 1988, 10:30 a.m.: 11 IR 3557; filed Nov 5, 1999, 10:17 a.m.: 23 IR 571; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; readopted filed Nov 27, 2007, 4:01 p.m.: 20071226-IR-760070717RFA; readopted filed November 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFAReadopted filed 11/19/2019, 9:18 a.m.: 20191218-IR-760190497RFA