Section 760 IAC 1-39-6 - Underwriting and rating determinationsAuthority: IC 27-1-3-7
Affected: IC 27-1-3-19; IC 27-1-12-13; IC 27-8-5-1
Sec. 6.
An insurer may make an underwriting or a rating determination based upon questions asked pursuant to section 4 of this rule and upon tests required pursuant to section 5 of this rule, subject to the following conditions:
(1) Sexual orientation may not be used in the underwriting process or in the determination of insurability.(2) Insurance support organizations shall be directed by insurers not to investigate, directly or indirectly, the sexual orientation of an applicant or a beneficiary.(3) Neither the marital status, the living arrangements, the occupation, the gender, the medical history, the beneficiary designation, nor the zip code or other territorial classification of an applicant may be used to establish, or aid in establishing, the applicant's sexual orientation.(4) 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 or are related to actual or reasonably anticipated experience.(5) No adverse underwriting decision shall be made because medical records or a report from an insurance support organization shows that the applicant has demonstrated concern about HIV by seeking testing or counseling from health care professionals. This subsection does not apply to an applicant seeking treatment or diagnosis for a specific condition.Department of Insurance; 760 IAC 1-39-6; filed May 13, 1988, 10:30 a.m.: 11 IR 3558; filed Nov 5, 1999, 10:17 a.m.: 23 IR 572; 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