Ga. Comp. R. & Regs. 120-2-43-.04
All underwriting questions must be phrased in such a manner as to elicit a factual response.
For example: A question such as: "Do you have any immunodeficiency disorders?" is too broad and would not be readily understood by an applicant and is not designed to elicit a factual answer. An insurer can ask for specific immunodeficiency disorders.
Questions such as: "Have you ever been diagnosed as having AIDS or ARC?" or "Have you tested positive on an AIDS-related blood test?" are also acceptable. An applicant may not be turned down due to a single positive test which is not a complete established test protocol unless the applicant fails to give his written consent to further testing.
Questions such as: "Have you ever been exposed to AIDS or ARC?" or "Have you ever had or been told you had AIDS Related Conditions?" are not acceptable due to the vagueness of the words "exposed" and "conditions."
Ga. Comp. R. & Regs. R. 120-2-43-.04
O.C.G.A. Secs. 31-22-9.2, 33-2-9.