AB 1798: Genetic testing for life and disability insurance.
<p>The bill amends existing laws regulating life and disability insurance by prohibiting insurers from canceling, limiting, or denying coverage based on genetic test results unless specific criteria are met. It also prohibits insurers from requiring, requesting, or using genetic information for underwriting decisions, except in certain circumstances. Additionally, the bill imposes civil penalties for misuse of genetic information.</p> <p>The legislation further restricts insurance institutions and agents from seeking an individual's genetic information or full genome during transactions unless specific criteria are met. It also prohibits these entities from preparing investigative consumer reports that seek genetic information or a full genome.</p>
| Sep. 30, 2026 | Chaptered by Secretary of State - Chapter 897, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Sep. 08, 2026 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug. 28, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12. Page 6798.). |
| Aug. 27, 2026 | In Assembly. Concurrence in Senate amendments pending. |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Notwithstanding any other law, it is the intent of the Legislature that the changes made by this act shall not be interpreted to authorize the use or disclosure of an individual’s full genome.SEC. 2.
Section 791.06 of the Insurance Code is amended to read:791.06.
(a) Notwithstanding any other law, an insurance institution, agent, or insurance-support organization shall not utilize as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement meets all of the following criteria:SEC. 3.
Section 791.07 of the Insurance Code is amended to read:791.07.
(a) An insurance institution, agent, or insurance-support organization shall not prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits, unless the insurance institution or agent informs the individual of the following:SEC. 3.5.
Section 791.07 is added to the Insurance Code, to read:791.07.
(a) A licensee, surplus line insurer, reinsurer, or third-party service provider shall not prepare or request an investigative consumer report about a consumer in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits, unless the licensee, surplus line insurer, reinsurer, or third-party service provider informs the consumer of both of the following in writing before the report preparation:SEC. 4.
Section 791.11 of the Insurance Code is amended to read:791.11.
An insurance institution, agent, or insurance-support organization shall not seek information in connection with an insurance transaction concerning any of the following:SEC. 4.5.
Section 791.11 is added to the Insurance Code, to read:791.11.
A licensee, surplus line insurer, reinsurer, or insurance-support organization shall not seek information in connection with an insurance transaction concerning any of the following:SEC. 5.
Section 791.12 of the Insurance Code is amended to read:791.12.
An insurance institution or agent shall not base an adverse underwriting decision in whole or in part on the following:SEC. 5.5.
Section 791.12 is added to the Insurance Code, to read:791.12.
A licensee, third-party service provider, surplus line insurer, or reinsurer shall not base an adverse underwriting decision in whole or in part on the following:SEC. 6.
Section 10146 of the Insurance Code is amended to read:10146.
(a) The purposes of this article are all of the following:SEC. 7.
Section 10147 of the Insurance Code is amended to read:10147.
As used in this article:SEC. 8.
Section 10148 of the Insurance Code is amended to read:10148.
(a) (1) A life or disability insurer shall not cancel, limit, or deny coverage, establish differentials in premium rates, conditions, or terms, or make an adverse underwriting decision, as defined in Section 791.02, based on a test for the presence or absence of a genetic characteristic.SEC. 9.
Section 10149 of the Insurance Code is amended to read:10149.
(a) All underwriting activities undertaken by insurers pursuant to this article shall be subject to all applicable provisions of Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1.SEC. 10.
Section 10149.1 of the Insurance Code is amended to read:10149.1.
(a) This section shall apply to the use or disclosure of genetic information or characteristics, including the results of a test for a genetic characteristic by an insurer. An insurer does not violate this article by receiving genetic information or the results of a genetic test, provided it does not directly or indirectly use the information or results in its underwriting or rating in violation of subdivision (c) of Section 10148 and does not disclose the genetic information or genetic test in a way that violates this section.SEC. 11.
Sections 3.5, 4.5, and 5.5 of this bill incorporate amendments to Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by both this bill and Senate Bill 354. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Sections 791.07, 791.11, and 791.12 of the Insurance Code, and (3) this bill is enacted after Senate Bill 354, in which case Sections 791.07, 791.11, and 791.12 of the Insurance Code, as amended by Sections 3, 4, and 5 of this bill, shall remain operative only until the operative date of Section 2 of Senate Bill 354, at which time Sections 3.5, 4.5, and 5.5 of this bill shall become operative.