quiry about race, color, or national origin in an insurance form, questionnaire, or other manner of requesting general information that relates to an application for insurance.”

New Hampshire5

The New Hampshire Insurance Department (NHID) regulation provides that “questions of race or color are prohibited” with regard to all “application forms used in connection with an insurance contract, whether or not attached to that contract.”

New Jersey6

The New Jersey Department of Banking and Insurance (DBI) has certain regulations that prohibit the collection of racial and ethnic data under certain circumstances. Per the regulation, application forms for individual health insurance “shall not include questions that pertain to race, creed, color, national origin or ancestry of the proposed insured.” The DBI prohibition is applied only in the narrow realm of insurance application forms and not at any other point of the process of providing coverage.


Arday, S.L., D.R. Arday, S. Monroe, and J. Zhang 2000 HCFA’s racial and ethnic data: Current accuracy and recent improvements. Health Care Finance Review 21(4):107-116.

Betancourt, J.R., A.R. Green, and J.E. Carrillo 2002 Cultural Competence in Health Care: Emerging Frameworks and Practical Approaches. New York: The Commonwealth Fund.

Collins, K.S., D.L. Hughes, M.M. Doty, B.L. Ives, J.N. Edwards, and K. Tenney 2002 Diverse Communities, Common Concerns: Assessing Health Care Quality for Minority Americans. (Findings from the Commonwealth Fund 2001 Health Care Quality Survey.) New York: The Commonwealth Fund.

Nerenz, D.R., V.L. Bonham, R. Green-Weir, C. Joseph, and M. Gunter 2002 Eliminating racial/ethnic disparities in health care: Can health plans generate reports? Health Affairs 21(3):259-263.

Perot, R.T., and M. Youdelman 2001 Racial, Ethnic, and Primary Language Data Collection in the Health Care System: An Assessment of Federal Policies and Practices. New York: The Commonwealth Fund.


N.H. Admin. Rules, Ins. 401.01(i) (5).


N.J.A.C. $ 11:4-16.7(a)(1); N.J. Stat. $17B:27A-2.

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