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

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.