Massachusetts insurance information and privacy protection

What this document is

Massachusetts insurance information and privacy protection: M.G.L. c. 175I, sections 1 to 22 is a state statute published by malegislature.gov. It is one of the Massachusetts documents that insurance license exam questions are written from, including massachusetts property & casualty, massachusetts personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• M.G.L. c. 175I § 2 (Definitions; 'Insurance transaction')

  “''Insurance transaction'', any transaction involving life, health or disability insurance which entails:”

• M.G.L. c. 175I § 6(7)(A) (Disclosure authorization form; contents)

  “in the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits, thirty months from the date the authorization is signed; or”

• M.G.L. c. 175I § 12(1) (Adverse underwriting decision; basis)

  “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,...”

• M.G.L. c. 175I § 5 (Questions to obtain marketing or research information; disclosure)

  “An insurance institution or insurance representative shall clearly specify questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.”

• M.G.L. c. 175I § 1(a) (Application of chapter)

  “The obligations imposed by this chapter shall apply to an insurance institution, insurance representative or insurance-support organization which in the case of life, health and disability insurance:”

• M.G.L. c. 175I § 3 (Pretext interviews; use)

  “No insurance institution, insurance representative, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, that a pretext interview may be undertaken to obtain information from a...”

• M.G.L. c. 175I § 6(5) (Disclosure authorization form; contents)

  “names the insurance institution or insurance representative and identifies by generic reference the representative of the insurance institution to whom the individual is authorizing information to be disclosed;”

• M.G.L. c. 175I § 12(3) (Adverse underwriting decision; basis)

  “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...”

• M.G.L. c. 175I § 2 (Definitions; 'Adverse underwriting decision')

  “(2) Notwithstanding the provisions of clause (1), the following actions shall not be considered adverse underwriting decisions but the insurance institution or insurance representative responsible for their occurrence shall nevertheless provide the applicant or policyholder with the specific reason...”

• M.G.L. c. 175I § 7(a) (Investigative consumer report; personal interview; prohibited information)

  “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...”

• M.G.L. c. 175I § 11 (Prior adverse underwriting decisions; requests for information by insurance organizations)

  “No insurance institution, insurance representative or insurance-support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual unless such inquiry also requests the reasons for any previous...”

• M.G.L. c. 175I § 21 (Disclosure of information; immunity)

  “No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter; provided, however, this section shall provide no immunity: (1) for any person who discloses false...”

Practice this material

Questions about this source

More Massachusetts sources

• M.G.L. Chapter 176D - Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance (Secs. 1, 2, 3, 3A, 4, 5, 11)State statute
• Massachusetts accident and health / disability policy provisions: M.G.L. c. 175, ss. 108-108N, 110A-110M, 111State statute
• M.G.L. ch. 176D, Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance (complete chapter)State statute
• Massachusetts insurance contract and general provisions applicable to all insurers: M.G.L. c. 175, ss. 2, 2A, 2B, 3, 181-194State statute
• Massachusetts group and blanket health insurance: M.G.L. c. 175, ss. 110, 110D, 110G, 110I, 110J, 110K, 110LState statute
• Massachusetts group life insurance: M.G.L. c. 175, ss. 133-138AState statute
• Massachusetts life insurance and annuity contracts, including standard policy provisions: M.G.L. c. 175, ss. 118-132A1/2, 139-146A, 149, 204State statute
• Massachusetts Life and Health Insurance Guaranty Association Law: M.G.L. c. 175, s. 146BState statute