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California 20252026

AB 1798

Genetic testing for life and disability insurance.

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Source: Open States / PluralUpdated 2026-09-12 13:12:55 UTC.

Official record

Measure details

Jurisdiction
California
Session
20252026
Chamber
lower
Classification
bill
Subjects
Genetictestingforlifeanddisabilityinsurance
Introduced / first action
2026-02-10 00:00:00

Source-supplied abstracts

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. 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.

Sponsors

Source-supplied history

Actions

  1. Enrolled and presented to the Governor at 3:30 p.m.

    executive-receipt

  2. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 12.).

    amendment-passage, committee-passage, committee-passage-favorable

  3. In Assembly. Concurrence in Senate amendments pending.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 0.).

    passage, reading-1, reading-3

  5. Reconsideration granted. (Ayes 39. Noes 0.)

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0.).

    passage, reading-1, reading-3

  7. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  8. Read third time and amended. Ordered to second reading.

    amendment-passage, reading-1, reading-2, reading-3

  9. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  10. Read second time and amended. Ordered returned to second reading.

    amendment-passage, reading-1, reading-2

  11. From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 13).

    amendment-introduction, amendment-passage, committee-passage

  12. In committee: Referred to APPR. suspense file.

    referral-committee

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR.

    committee-passage, committee-passage-favorable, referral-committee

  14. From 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.

    committee-passage, committee-passage-favorable, referral-committee

  15. Referred to Coms. on INS. and P., D.T., & C.P.

    referral-committee

  16. In Senate. Read first time. To Com. on RLS. for assignment.

    reading-1, referral-committee

  17. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 18.)

    passage, reading-1, reading-3

  18. Read second time. Ordered to third reading.

    reading-1, reading-2, reading-3

  19. From committee: Do pass. (Ayes 12. Noes 2.) (May 14).

    committee-passage, committee-passage-favorable

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

    referral-committee

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (April 21). Re-referred to Com. on APPR.

    committee-passage, committee-passage-favorable, referral-committee

  22. Coauthors revised.

  23. Re-referred to Com. on P. & C.P.

    referral-committee

  24. Read second time and amended.

    amendment-passage, reading-1, reading-2

  25. From committee: Amend, and do pass as amended and re-refer to Com. on P. & C.P. (Ayes 11. Noes 5.) (April 15).

    amendment-introduction, amendment-passage, committee-passage, referral-committee

  26. Re-referred to Com. on INS.

    referral-committee

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

    amendment-introduction, amendment-passage, committee-passage, reading-1, reading-2, referral-committee

  28. Referred to Coms. on INS. and P. & C.P.

    referral-committee

  29. From printer. May be heard in committee March 13.

  30. Read first time. To print.

    reading-1

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