§ 799.02. — 799.02. (Amended (as added by Stats. 2020, Ch. 184, Sec. 3) by Stats. 2022, Ch. 424, Sec. 11.)

California § 799.02.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 1.: DIVISION 1. GENERAL RULES GOVERNING INSURANCE
• Part 2.: PART 2. THE BUSINESS OF INSURANCE
• Ch. 1.: CHAPTER 1. General Regulations
• Art. 6.9.: ARTICLE 6.9. The Equal Insurance HIV Act

Text

(a)
A life or disability income insurer shall not decline an application or an enrollment request for coverage under a policy or certificate for life insurance or disability income insurance based solely on the results of a positive HIV test, regardless of when or at whose direction the test was performed.
(b)
Notwithstanding any other law, this article does not prevent or otherwise restrict a life or disability income insurer from refusing to insure an applicant that is HIV positive, limiting the amount, extent, or kind of coverage for an applicant that is HIV positive, or charging a different rate to an applicant that is HIV positive, if the refusal,
limitation, or charge is based on sound actuarial principles and actual or reasonably anticipated experience.
(c)
Transferring an applicant from a simplified, expedited, accelerated, or algorithmic underwriting process to a traditional medical underwriting process, based solely on the results of a positive HIV test, does not constitute a denial of the application or a violation of this section.
(d)
This section applies if coverage is contingent upon medical review for other diseases or medical conditions.

Legislative History

Amended (as added by Stats. 2020, Ch. 184, Sec. 3) by Stats. 2022, Ch. 424, Sec. 11. (SB 1242) Effective January 1, 2023.