§ 10233.8. — 10233.8. (Added by Stats. 2019, Ch. 316, Sec. 5.)

California § 10233.8.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 2.: PART 2. LIFE AND DISABILITY INSURANCE
• Ch. 2.6.: CHAPTER 2.6. Long-Term Care Insurance
• Art. 3.: ARTICLE 3. Administration and Enforcement

Text

(a)
A long-term care insurance policy or certificate issued, amended, renewed, or delivered on or after January 1, 2020, shall not do any of the following based solely and without any additional actuarial risks upon the status of a person as a living organ donor:
(1)
Refuse to insure, or refuse to continue to insure, the person under a long-term care insurance policy or certificate.
(2)
Limit the amount, extent, or kind of coverage available to the person under a long-term care insurance policy or certificate.
(3)
Charge the person a different rate for the same coverage under a long-term care insurance policy or
certificate.
(4)
Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a long-term care insurance policy or certificate for the person.
(b)
With respect to any health condition other than being a living organ donor, a person who is a living organ donor shall be subject to the same standards of sound actuarial principles or actual or reasonably anticipated experience as persons who are not living organ donors.
(c)
For purposes of this section, “living organ donor” means an individual who has donated all or part of an organ and is not deceased.

Legislative History

Added by Stats. 2019, Ch. 316, Sec. 5. (AB 1223) Effective January 1, 2020.