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The 189th General Court of the Commonwealth of Massachusetts

Section 12: Adverse underwriting decision; basis

Section 12. No insurance institution or insurance representative may base an adverse underwriting decision in whole or in part:

(1) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, that an insurance institution or insurance representative may base an adverse underwriting decision on further information obtained from an insurance institution or insurance representative responsible for a previous adverse underwriting decision;

(2) on personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, that an insurance institution or insurance representative may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization; or

(3) on the basis of sexual orientation; provided, however, that neither the national origin, marital status, lifestyle or living arrangements, occupation, gender, medical history, beneficiary designation, nor zip code or other territorial classification of the applicant may be used to establish, or aid in establishing, the applicant's sexual orientation.