CaliforniaGenetic testing for life and disability insurance.
What it does
Existing law generally regulates classes of insurance, including life and disability insurance. Existing law prohibits an insurer from requiring a test for the presence of a genetic characteristic for the purpose of determining insurability, except as specified. If an insurer requests an applicant to take a genetic characteristic test, existing law requires the insurer to obtain the applicant's written informed consent and to notify the applicant of the test result.
More detail
Existing law prohibits a life or disability income insurer from requiring a genetic characteristic test if the results of the test would be used to determine eligibility for specified health care coverage. Existing law prescribes civil penalties for an insurer who discloses the results of a test for a genetic characteristic requested by the insurer.
This bill would repeal those provisions and would instead prohibit a life or disability insurer from canceling, limiting, or denying coverage, among other actions, based on a test for the presence or absence of a genetic characteristic. The bill would authorize a life or disability insurer to base an underwriting decision on a test for the presence or absence of a genetic characteristic if specified criteria are met. The bill would, except as provided, prohibit a life or disability insurer from requiring, requesting, or soliciting genetic information, using genetic test results, or considering a person's decisions or actions relating to genetic testing in any manner for an insurance purpose. The bill would additionally impose civil penalties for the use of genetic information or genetic characteristics in a manner inconsistent with these provisions, as specified, and other civil penalties for any violation of these provisions. The bill would also prohibit the use or disclosure of an individual's full genome.
Existing law, the Insurance Information and Privacy Protection Act, prohibits an insurance institution, agent, or insurance-support organization from seeking specified information in connection with an insurance transaction or preparing or requesting an investigative consumer report about an individual for an insurance application, except as specified. Existing law prohibits an insurance institution or agent from basing an adverse underwriting decision on specified information. Existing law prohibits an insurance institution, agent, or insurance-support organization from utilizing a form or statement that authorizes disclosure of personal or privileged information as its disclosure form, unless the form or statement meets specified criteria.
This bill would prohibit an insurance institution, agent, or insurance-support organization from seeking information in connection with an insurance transaction concerning, or prohibit an insurance institution or agent from basing an adverse underwriting decision on, an individual's genetic information or full genome, unless specified criteria are met. The bill would prohibit an insurance institution, agent, or insurance-support organization from preparing or requesting an investigative consumer report that seeks an individual's genetic information or full genome.
This bill would state the intent of the Legislature that, notwithstanding any other law, these provisions shall not be interpreted to authorize the use or disclosure of an individual's full genome.
This bill would incorporate additional changes to Sections 791.07, 791.11, and 791.12 of the Insurance Code proposed by SB 354 to be operative only if this bill and SB 354 are enacted and this bill is enacted last.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 30Chaptered by Secretary of State - Chapter 897, Statutes of 2026.Latest
- Sep 30Approved by the Governor Gavin Newsom.Became Law
- Sep 8Enrolled and presented to the Governor at 3:30 p.m.To Governor
- Aug 28Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12. Page 6798.).Major
- Vote recorded AB 1798 Wilson Concurrence in Senate Amendments. Result: pass.Lower
- Aug 27In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB1798 Wilson et al. By Padilla. Result: pass.Upper
- Vote recorded 3rd Reading AB1798 Wilson et al. By Padilla Reconsider. Result: pass.Upper
- Vote recorded 3rd Reading AB1798 Wilson et al. By Padilla. Result: pass.Upper
- Aug 27Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 0.).Major
- Aug 27Reconsideration granted. (Ayes 39. Noes 0.)
- Aug 27Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0.).Passed Senate
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read third time and amended. Ordered to second reading.Major
- Aug 17Read second time. Ordered to third reading.Minor
- Aug 13Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- Aug 13From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 13).Major
- Aug 3In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jun 29From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jun 25From committee: Do pass and re-refer to Com. on P., D.T., & C.P. (Ayes 5. Noes 0.) (June 24). Re-referred to Com. on P., D.T., & C.P.Minor
- Jun 24
- Vote recorded Do pass, but first be re-referred to the Committee on [Privacy, Digital Technologies, and Consumer Protection]. Result: pass.Upper
- Jun 10Referred to Coms. on INS. and P., D.T., & C.P.Minor
- May 28In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 27Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 18. Page 5449.)Passed Assembly
- Vote recorded AB 1798 Wilson Assembly Third Reading. Result: pass.Lower
- May 18Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 12. Noes 2.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 6In committee: Set, first hearing. Referred to APPR. suspense file.Minor
- Apr 22From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (April 21). Re-referred to Com. on APPR.Minor
- Apr 22Coauthors revised.
- Apr 21
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Apr 20Re-referred to Com. on P. & C.P.Minor
- Apr 16Read second time and amended.Major
- Apr 15From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 11. Noes 5.) (April 15).Major
- Vote recorded Do pass as amended and be re-referred to the Committee on [Privacy and Consumer Protection]. Result: pass.Lower
- Apr 9Re-referred to Com. on INS.Minor
- Apr 8From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.Major
- Mar 16Referred to Coms. on INS. and P. & C.P.Minor
- Feb 11From printer. May be heard in committee March 13.
- Feb 10Read first time. To print.Introduced