§ 31-1610. Prohibition against discrimination in use of AIDS tests.

Current through October 23, 2012

(a) No insurer shall inquire about the sexual orientation or gender identity or expression of an applicant in an application for health, life, or disability income insurance coverage or in an investigation conducted by an insurer or insurance support organization on behalf of an insurer in connection with an application for the coverage.

(b) Sexual orientation or gender identity or expression, shall not be used as a factor in the underwriting process or in the determination of insurability.

(c) Insurance support organizations shall be directed by insurers not to investigate, directly or indirectly, the sexual orientation or gender identity or expression of a proposed insured.

(d) An insurance company shall not use sexual orientation, gender identity or expression, lifestyle, living arrangements, occupation, gender, or beneficiary designation to determine whether to test an individual who applies for life, health, or disability income insurance.

                
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(Aug. 7, 1986, D.C. Law 6-132, § 11, as added Mar. 16, 1989, D.C. Law 7- 208, § 2(h), 36 DCR 471; June 25, 2008, D.C. Law 17-177, § 15(c), 55 DCR 3696.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 35-230.

Effect of Amendments

D.C. Law 17-177, in subsecs. (a) and (c), substituted "sexual orientation or gender identity or expression" for "sexual orientation"; in subsec. (b), substituted "Sexual orientation or gender identity or expression, shall not" for "Sexual orientation shall not"; and, in subsec. (d), substituted "sexual orientation, gender identity or expression" for "sexual orientation".

Legislative History of Laws

Law 7-208, the "Prohibition of Discrimination in the Provision of Insurance Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-364, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-279 and transmitted to both Houses of Congress for its review.

For Law 17-177, see notes following § 31-1601.