Sec. 8. This chapter does not prohibit an insurer from inquiring about, underwriting, or rating a risk on the basis of a physical or mental condition, even if that condition has been caused by abuse if: (1) the insurer routinely underwrites or charges a different rate for that condition in the same manner with respect to all individuals who apply for or are covered by an insurance policy or a health plan regardless of whether the individual has been the victim of abuse; (2) the individual's status as being, having been, or having the potential to be the subject of abuse is not considered to be a physical or mental condition; (3) the insurer does not: (A) refuse to insure or refuse to contract with; (B) refuse to continue to insure or refuse to continue to contract with; (C) limit the amount, extent, or coverage available; or (D) charge a different rate for the same coverage; solely because of a physical or mental condition, except where the refusal, limitation, or rate differential is based on sound actuarial principles or is related to actuarial or reasonably anticipated experience; and (4) the underwriting or rating is not used to evade the intent of this chapter.
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