Code of Massachusetts Regulations › 211 CMR - DIVISION OF INSURANCE › Title 211 CMR 36.00 - The Use Of Aids-related Information For Life And Health Insurance And Informed Consent › Section 36.02 - Definitions

Current through Register 1525, July 5, 2024
The following words as used in
				211 CMR 36.00 shall, unless
				the context clearly requires otherwise, have the following meanings:
AIDS, Acquired Immune Deficiency
				Syndrome
as defined by the Centers for Disease Control and
				Prevention.
Carrier
, any company as defined in
				M.G.L. c. 175, § 1 (or any life, health or disability insurance
				affiliate); any fraternal benefit society as defined in M.G.L. c. 176, §
				1; any hospital service corporations defined in M.G.L. c. 176A, § 1; any
				medical service corporation as defined in M.G.L. c. 176B, § 1; any medical
				service plan as defined in M.G.L. c. 176C, § 1; any dental service
				corporation as defined in M.G.L. c. 176E, § 1; any optometric service
				corporation as defined in M.G.L. c. 176F, § 1; and any health maintenance
				organization licensed under M.G.L. c. 176G, § 1.
Commissioner
, the Commissioner of
				Insurance, appointed pursuant to M.G.L. c. 26, § 6, or his or her
				designee.
HIV, Human Immunodeficiency Virus
,
				which has been identified as the probable causative agent of AIDS. For purposes
				of
				211 CMR 36.00, the definition
				of HIV will include but not be limited to AIDS.
HIV-related Information
, any
				information concerning an individual's diagnosis or treatment for HIV and other
				information relating to HIV as HIV is defined in 211 CMR 36.02. HIV-related
				information includes HIV test information reported to the MIB or any other
				insurance support organization under any code.
Individual
, any natural person who is
				a resident of the commonwealth, including a parent or legal guardian of any
				minor or incompetent person and who:
(a) is a past, present or proposed named principal insured or
				certificate holder of life or health insurance;
(b) is a past, present or proposed policyowner of life or
				health insurance;
(c) is a past or present applicant of life or health
				insurance;
(d) is a past or present claimant of life or health insurance;
				or
(e) derived, derives or is proposed to derive insurance
				coverage under a life or health insurance policy or certificate.
Insurance Producer
, a producer,
				adjuster or other person conducting activities referred to in M.G.L. c. 175,
				§
								§ 162 through 177 and insurance advisors as defined in M.G.L. c.
				175, §§ 177A through 177D.
Insurance Support Organization
, any
				person or entity, including but not limited to the MIB as defined in 211 CMR
				36.02, that regularly engages, in whole or in part, in the practice of
				assembling or collecting information about natural persons and that provides
				the information to a carrier or insurance producer for insurance transactions,
				including:
(a) the furnishing of consumer reports or investigative
				consumer reports to a carrier or insurance producer for use in connection with
				an insurance transaction; or
(b) the collection of personal or medical information from
				carriers, insurance producers or other insurance support organizations for the
				purpose of detecting or preventing fraud, material misrepresentation or
				material nondisclosure in connection with insurance underwriting or insurance
				claim activity.
MIB, the Medical Information Bureau,
				Inc.
, the nonprofit incorporated association which operates an
				information exchange on behalf of its member life and health carriers, and
				which constitutes an insurance support organization as defined in 211 CMR
				36.02.
Positive Test Result
, a positive test
				result on an HIV test.