Rule 120-2-43-.02. Questions on Applications

1. (1) Questions relating to medical and other factual material intended to reveal the possible existence of a medical condition 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. No question may be asked if the purpose of such question is to establish the sexual orientation of an applicant.

   For example: "Have you had chronic cough, significant weight loss, chronic fatigue, diarrhea, enlarged glands, . . ." These types of questions should be related to a finite period of time, not more than ten years, preceding completion of the application and should be specific. All of the questions above should provide the applicant the opportunity to give a detailed explanation.

2. (2) Questions relating to the applicant having been diagnosed as having or having been advised by a member of the medical profession to seek treatment for a sexually transmitted disease are permissible.
3. (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. (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.

Submitted for Publishing: Mar. 15, 2007.

Authority: O.C.G.A. Secs. 31-22-9.2, 33-2-9.

History. Original Rule entitled "Questions on Applications" adopted. F. Jan. 17, 1989; eff. Feb. 15, 1989, as specified by the Agency.