(a) General rule.--Each request for information solicited
from an applicant in the course of underwriting short-term
limited duration insurance policy coverage must be in the form
of a single direct question that permits a direct response of
known fact in the form of a "Yes" or "No." A request for
information may not be a compound question or declaratory
statement. This information may be used for underwriting
purposes subject to the following:
(1) Specific questions. An application for a short-term
limited duration insurance policy may solicit information
through questions about a potential enrollee's medical
history only if it relates to a specific condition, whether
physical or behavioral, regardless of the cause of the
specific condition, for which medical advice, diagnosis, care
or treatment was recommended or received.
(2) Look-back period. Each question about a potential
enrollee's medical history on an application for a short-term
limited duration insurance policy may only solicit
information about specific conditions for which the enrollee
received or was recommended medical advice, diagnosis, care
or treatment within the five-year period ending on the date
that an application is completed.
(3) Post-claim submission. When determining whether a
submitted claim is payable under a short-term limited
duration insurance policy, an issuer may only rely on the
enrollee's answers to the issuer's questions included in the
application for the policy.
(b) Fraud and nondisclosure.--An issuer may not claim that
an enrollee has committed fraud or otherwise given ground for
the issuer to pursue rescission of the policy unless the issuer
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