Chapter 175I

Section 1. (a) 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: (1) collects, receives or maintains information in connection wit…

Section 10. (a) In the event of an adverse underwriting decision, the insurance institution or insurance representative responsible for the decision shall: (1) either provide the applicant, policyholder or individual proposed for coverage with the specific reason for the adverse …

Section 11. 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 t…

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 …

Section 13. An insurance institution, insurance representative or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is: (1) with the …

Section 14. (a) The commissioner shall have power to examine and investigate into the affairs of every insurance institution or insurance representative doing business in the commonwealth to determine whether such insurance institution or insurance representative has been or is e…

Section 15. (a) Whenever the commissioner has reason to believe that an insurance institution, insurance representative or insurance-support organization has been or is engaged in conduct in the commonwealth which violates this chapter, or if the commissioner believes that an ins…

Section 16. For the purpose of this chapter, an insurance-support organization transacting business outside the commonwealth which has an effect on a person residing in the commonwealth shall be deemed to have appointed the commissioner to accept service of process on its behalf;…

Section 17. (a) If, after a hearing pursuant to section fifteen, the commissioner finds that the insurance institution, insurance representative or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the commissioner shall put …

Section 18. (a) In any case where a hearing pursuant to section fifteen results in the findings of a knowing violation of this chapter, the commissioner may, in addition to the issuance of a cease and desist order as prescribed in section seventeen, order payment of a monetary pe…

Section 19. (a) Any person subject to an order of the commissioner under section seventeen or section eighteen or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the commissioner by filing in the supreme judicial co…

Section 2. As used in this chapter the following words shall, unless the context otherwise requires have the following meanings: ''Adverse underwriting decision'', (1) any of the following actions with respect to insurance transactions involving insurance coverage which is indivi…

Section 20. (a) If any insurance institution, insurance representative or insurance-support organization fails to comply with sections eight, nine or ten with respect to the rights granted under said sections, any person whose rights are violated may apply to the superior court, …

Section 21. 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 p…

Section 22. Any person who knowingly and willfully obtains information about an individual from an insurance institution, insurance representative or insurance-support organization under false pretenses shall be fined not more than ten thousand dollars or imprisoned for not more …

Section 3. 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 t…

Section 4. (a) An insurance institution or insurance representative shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as follows: (1) in the case of an application for insurance, a notice shall be provided…

Section 5. 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.

Section 6. Notwithstanding any general or special law to the contrary, no insurance institution, insurance representative or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authori…

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 …

Section 8. (a) An insurance institution, insurance representative or insurance-support organization shall make any personal information collected or maintained in connection with an insurance transaction in its possession or control available to the individual to whom it refers, …

Section 9. (a) An individual to whom personal information refers has a right to have any factual error corrected and any misrepresentation or misleading entry amended or deleted as provided in this section. (b) Within thirty business days from the date of receipt of a written req…