Section 7. (a) No insurance institution, insurance representative or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurance institution or insurance representative informs the individual:
(1) that each individual may request to be interviewed in connection with the preparation of the investigative consumer report; and
(2) that upon a request pursuant to section eight, such individual is entitled to receive a copy of the investigative consumer report.
(b) If an investigative consumer report is to be prepared by an insurance institution or insurance representative, such insurance institution or insurance representative shall institute reasonable procedures to conduct a personal interview requested by an individual.
(c) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or insurance representative desiring such report shall inform the insurance-support organization whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct such reviews, if requested.
(d) No investigative consumer report shall contain any information designed to determine the sexual orientation of an applicant, proposed insured, policyholder, beneficiary or any other person, or for such persons, information relating to counseling for Acquired Immune Deficiency Syndrome (AIDS) or AIDS–related Complex (ARC) as defined by the Centers for Disease Control of the United States Public Health Service. For purposes of this subsection, ''counseling'' shall not mean diagnosis of or treatment for AIDS or ARC.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 175i - Insurance Information and Privacy Protection
Section 1 - Application of Chapter
Section 3 - Pretext Interviews; Use
Section 4 - Notice of Information Practices; Time; Contents; Abbreviated Notice
Section 5 - Questions to Obtain Marketing or Research Information; Disclosure
Section 6 - Disclosure Authorization Form; Contents
Section 7 - Investigative Consumer Report; Personal Interview; Prohibited Information
Section 8 - Recorded Personal Information; Medical Record Information; Disclosure; Fees
Section 9 - Correction, Amendment or Deletion of Personal Information
Section 12 - Adverse Underwriting Decision; Basis
Section 13 - Personal or Privileged Information From Insurance Transactions; Disclosure
Section 15 - Violations; Notice; Hearings; Service of Process
Section 16 - Agent for Service of Process
Section 17 - Findings; Orders to Cease and Desist; Reports
Section 18 - Penalties; Violations of Cease and Desist Orders
Section 19 - Judicial Review; Filing Deadline; Jurisdiction; Orders
Section 20 - Equitable Relief; Damages; Costs and Attorney's Fees; Limitation of Actions
Section 21 - Disclosure of Information; Immunity
Section 22 - Information Obtained by False Pretenses; Penalties