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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 961Introduced by Senator Lena Gonzalez(Principal coauthor: Senator Wiener)(Coauthors: Senators Atkins, Beall, Galgiani, Mitchell, and Skinner)(Coauthors: Assembly Members Eggman, Gipson, and Gloria)February 10, 2020 An act to amend Sections 799.03, 799.04, 799.05, 799.06, 799.07, 799.09, and 799.10 of, and to repeal and add Sections 799.01 and 799.02 of, the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 961, as introduced, Lena Gonzalez. Underwriting of AIDS risks.Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV), performed by or at the direction of the insurer. This bill would instead prohibit a life or disability income insurer from declining a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. The bill would define HIV test for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines HIV antibody test for these purposes to mean an ELISA test or a Western Blot Assay, or both.This bill would eliminate the references to HIV antibody test for purposes of those civil and ciminal penalty provisions and instead would impose those penalties for the negligent or willful disclosure of results of an HIV test, as defined above. By changing the definition of a crime, the bill would impose a state-mandated local program.The bill would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 799.01 of the Insurance Code is repealed.799.01.As used in this article:(a)ELISA test means an enzyme-linked immunosorbent assay serologic test which has been licensed by the federal Food and Drug Administration to detect antibodies to the human immunodeficiency virus.(b)Positive ELISA test means an ELISA test performed in accordance with the manufacturers specifications which is reactive on an initial testing and on at least one of two additional tests of the same specimen.(c)Western Blot Assay means an assay which uses reagents consisting of HIV antigens separated by polyacrylamide-gel electrophoresis and then transferred to nitro-cellulose paper to detect antibodies to the human immunodeficiency virus.(d)Reactive Western Blot Assay means a Western Blot Assay which is reactive according to the standards of performance and results specified in the manufacturers federal Food and Drug Administration approved product circular for the Western Blot Assay reagents and laboratory apparatus.(e)HIV antibody test means an ELISA test or a Western Blot Assay, or both.(f)Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(g)Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(h)Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.(i)Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.SEC. 2. Section 799.01 is added to the Insurance Code, to read:799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.SEC. 3. Section 799.02 of the Insurance Code is repealed.799.02.Notwithstanding subdivision (f) of Section 120980 of the Health and Safety Code or any other provisions of law, a life or disability income insurer may decline a life or disability income insurance application or enrollment request on the basis of a positive ELISA test followed by a positive Western Blot Assay performed by or at the direction of the insurer on the same specimen of the applicant.This authorization applies only to policies, certificates, and applications for coverage (a) that are issued, delivered, or received on or after the effective date of the urgency statute amending this section enacted during the 1989 portion of the 198990 Regular Session and (b) the issuance or granting of which is otherwise contingent upon medical review for other diseases or medical conditions to be effective.This article shall not be construed to prohibit an insurer from declining an application or enrollment request for insurance because the applicant has been diagnosed as having AIDS or ARC by a medical professional.SEC. 4. Section 799.02 is added to the Insurance Code, to read:799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed.SEC. 5. Section 799.03 of the Insurance Code is amended to read:799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test.SEC. 6. Section 799.04 of the Insurance Code is amended to read:799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer.SEC. 7. Section 799.05 of the Insurance Code is amended to read:799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant.SEC. 8. Section 799.06 of the Insurance Code is amended to read:799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance.SEC. 9. Section 799.07 of the Insurance Code is amended to read:799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test.SEC. 10. Section 799.09 of the Insurance Code is amended to read:799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan.SEC. 11. Section 799.10 of the Insurance Code is amended to read:799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made.SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 961Introduced by Senator Lena Gonzalez(Principal coauthor: Senator Wiener)(Coauthors: Senators Atkins, Beall, Galgiani, Mitchell, and Skinner)(Coauthors: Assembly Members Eggman, Gipson, and Gloria)February 10, 2020 An act to amend Sections 799.03, 799.04, 799.05, 799.06, 799.07, 799.09, and 799.10 of, and to repeal and add Sections 799.01 and 799.02 of, the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTSB 961, as introduced, Lena Gonzalez. Underwriting of AIDS risks.Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV), performed by or at the direction of the insurer. This bill would instead prohibit a life or disability income insurer from declining a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. The bill would define HIV test for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines HIV antibody test for these purposes to mean an ELISA test or a Western Blot Assay, or both.This bill would eliminate the references to HIV antibody test for purposes of those civil and ciminal penalty provisions and instead would impose those penalties for the negligent or willful disclosure of results of an HIV test, as defined above. By changing the definition of a crime, the bill would impose a state-mandated local program.The bill would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Senate May 11, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate May 11, 2020 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 961 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Lena Gonzalez(Principal coauthor: Senator Wiener)(Coauthors: Senators Atkins, Beall, Galgiani, Mitchell, and Skinner)(Coauthors: Assembly Members Eggman, Gipson, and Gloria)February 10, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Lena Gonzalez(Principal coauthor: Senator Wiener)(Coauthors: Senators Atkins, Beall, Galgiani, Mitchell, and Skinner)(Coauthors: Assembly Members Eggman, Gipson, and Gloria) | |
| 18 | 18 | February 10, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to amend Sections 799.03, 799.04, 799.05, 799.06, 799.07, 799.09, and 799.10 of, and to repeal and add Sections 799.01 and 799.02 of, | |
| 20 | + | An act to amend Sections 799.03, 799.04, 799.05, 799.06, 799.07, 799.09, and 799.10 of, and to repeal and add Sections 799.01 and 799.02 of, the Insurance Code, relating to insurance. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 961, as | |
| 26 | + | SB 961, as introduced, Lena Gonzalez. Underwriting of AIDS risks. | |
| 27 | 27 | ||
| 28 | - | Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV), performed by or at the direction of the insurer. This bill | |
| 28 | + | Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV), performed by or at the direction of the insurer. This bill would instead prohibit a life or disability income insurer from declining a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. The bill would define HIV test for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines HIV antibody test for these purposes to mean an ELISA test or a Western Blot Assay, or both.This bill would eliminate the references to HIV antibody test for purposes of those civil and ciminal penalty provisions and instead would impose those penalties for the negligent or willful disclosure of results of an HIV test, as defined above. By changing the definition of a crime, the bill would impose a state-mandated local program.The bill would make conforming changes.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law authorizes a life or disability income insurer to decline a life or disability income insurance application or enrollment request on the basis of positive test results from certain tests, known as the ELISA test and the Western Blot Assay, that detect antibodies to the human immunodeficiency virus (HIV), performed by or at the direction of the insurer. | |
| 31 | 31 | ||
| 32 | - | This bill | |
| 32 | + | This bill would instead prohibit a life or disability income insurer from declining a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. The bill would define HIV test for purposes of these provisions to mean any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. | |
| 33 | 33 | ||
| 34 | - | Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply | |
| 34 | + | Existing law imposes a civil penalty on a person who negligently or willfully discloses results of an HIV antibody test to any third party, except pursuant to written authorization or informed consent, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply. If the negligent or willful disclosure results in economic, bodily, or psychological harm to the subject of the test, existing law makes the person guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed $10,000, or by both that fine and imprisonment. Existing law defines HIV antibody test for these purposes to mean an ELISA test or a Western Blot Assay, or both. | |
| 35 | 35 | ||
| 36 | - | This bill would eliminate the references to HIV antibody test for purposes of those civil and ciminal | |
| 36 | + | This bill would eliminate the references to HIV antibody test for purposes of those civil and ciminal penalty provisions and instead would impose those penalties for the negligent or willful disclosure of results of an HIV test, as defined above. By changing the definition of a crime, the bill would impose a state-mandated local program. | |
| 37 | 37 | ||
| 38 | 38 | The bill would make conforming changes. | |
| 39 | 39 | ||
| 40 | 40 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 41 | 41 | ||
| 42 | 42 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 43 | 43 | ||
| 44 | 44 | ## Digest Key | |
| 45 | 45 | ||
| 46 | 46 | ## Bill Text | |
| 47 | 47 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. Section 799. | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Section 799.01 of the Insurance Code is repealed.799.01.As used in this article:(a)ELISA test means an enzyme-linked immunosorbent assay serologic test which has been licensed by the federal Food and Drug Administration to detect antibodies to the human immunodeficiency virus.(b)Positive ELISA test means an ELISA test performed in accordance with the manufacturers specifications which is reactive on an initial testing and on at least one of two additional tests of the same specimen.(c)Western Blot Assay means an assay which uses reagents consisting of HIV antigens separated by polyacrylamide-gel electrophoresis and then transferred to nitro-cellulose paper to detect antibodies to the human immunodeficiency virus.(d)Reactive Western Blot Assay means a Western Blot Assay which is reactive according to the standards of performance and results specified in the manufacturers federal Food and Drug Administration approved product circular for the Western Blot Assay reagents and laboratory apparatus.(e)HIV antibody test means an ELISA test or a Western Blot Assay, or both.(f)Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(g)Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(h)Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.(i)Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.SEC. 2. Section 799.01 is added to the Insurance Code, to read:799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.SEC. 3. Section 799.02 of the Insurance Code is repealed.799.02.Notwithstanding subdivision (f) of Section 120980 of the Health and Safety Code or any other provisions of law, a life or disability income insurer may decline a life or disability income insurance application or enrollment request on the basis of a positive ELISA test followed by a positive Western Blot Assay performed by or at the direction of the insurer on the same specimen of the applicant.This authorization applies only to policies, certificates, and applications for coverage (a) that are issued, delivered, or received on or after the effective date of the urgency statute amending this section enacted during the 1989 portion of the 198990 Regular Session and (b) the issuance or granting of which is otherwise contingent upon medical review for other diseases or medical conditions to be effective.This article shall not be construed to prohibit an insurer from declining an application or enrollment request for insurance because the applicant has been diagnosed as having AIDS or ARC by a medical professional.SEC. 4. Section 799.02 is added to the Insurance Code, to read:799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed.SEC. 5. Section 799.03 of the Insurance Code is amended to read:799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test.SEC. 6. Section 799.04 of the Insurance Code is amended to read:799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer.SEC. 7. Section 799.05 of the Insurance Code is amended to read:799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant.SEC. 8. Section 799.06 of the Insurance Code is amended to read:799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance.SEC. 9. Section 799.07 of the Insurance Code is amended to read:799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test.SEC. 10. Section 799.09 of the Insurance Code is amended to read:799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan.SEC. 11. Section 799.10 of the Insurance Code is amended to read:799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made.SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 49 | 49 | ||
| 50 | 50 | The people of the State of California do enact as follows: | |
| 51 | 51 | ||
| 52 | 52 | ## The people of the State of California do enact as follows: | |
| 53 | 53 | ||
| 54 | - | SECTION 1. Section 799. | |
| 54 | + | SECTION 1. Section 799.01 of the Insurance Code is repealed.799.01.As used in this article:(a)ELISA test means an enzyme-linked immunosorbent assay serologic test which has been licensed by the federal Food and Drug Administration to detect antibodies to the human immunodeficiency virus.(b)Positive ELISA test means an ELISA test performed in accordance with the manufacturers specifications which is reactive on an initial testing and on at least one of two additional tests of the same specimen.(c)Western Blot Assay means an assay which uses reagents consisting of HIV antigens separated by polyacrylamide-gel electrophoresis and then transferred to nitro-cellulose paper to detect antibodies to the human immunodeficiency virus.(d)Reactive Western Blot Assay means a Western Blot Assay which is reactive according to the standards of performance and results specified in the manufacturers federal Food and Drug Administration approved product circular for the Western Blot Assay reagents and laboratory apparatus.(e)HIV antibody test means an ELISA test or a Western Blot Assay, or both.(f)Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(g)Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(h)Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.(i)Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. | |
| 55 | 55 | ||
| 56 | - | SECTION 1. Section 799. | |
| 56 | + | SECTION 1. Section 799.01 of the Insurance Code is repealed. | |
| 57 | 57 | ||
| 58 | 58 | ### SECTION 1. | |
| 59 | 59 | ||
| 60 | - | 799.11. This article shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 61 | - | ||
| 62 | - | 799.11. This article shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 63 | - | ||
| 64 | - | 799.11. This article shall remain in effect only until January 1, 2023, and as of that date is repealed. | |
| 60 | + | 799.01.As used in this article:(a)ELISA test means an enzyme-linked immunosorbent assay serologic test which has been licensed by the federal Food and Drug Administration to detect antibodies to the human immunodeficiency virus.(b)Positive ELISA test means an ELISA test performed in accordance with the manufacturers specifications which is reactive on an initial testing and on at least one of two additional tests of the same specimen.(c)Western Blot Assay means an assay which uses reagents consisting of HIV antigens separated by polyacrylamide-gel electrophoresis and then transferred to nitro-cellulose paper to detect antibodies to the human immunodeficiency virus.(d)Reactive Western Blot Assay means a Western Blot Assay which is reactive according to the standards of performance and results specified in the manufacturers federal Food and Drug Administration approved product circular for the Western Blot Assay reagents and laboratory apparatus.(e)HIV antibody test means an ELISA test or a Western Blot Assay, or both.(f)Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(g)Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(h)Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society.(i)Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. | |
| 65 | 61 | ||
| 66 | 62 | ||
| 67 | 63 | ||
| 68 | - | ||
| 64 | + | As used in this article: | |
| 69 | 65 | ||
| 70 | - | SEC. 2. Article 6.9 (commencing with Section 799) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read: Article 6.9. The Equal Insurance HIV Act 799. (a) The Legislature finds and declares all of the following:(1) The laws governing the underwriting of insurance policies for individuals with acquired immunodeficiency syndrome (AIDS) were originally enacted in 1988 and were last amended in 1997. These laws require an update to reflect advancements in testing and medical treatments for individuals living with the human immunodeficiency virus (HIV).(2) When the HIV/AIDS epidemic began in the United States, HIV was considered a life-threatening condition because relatively little was known at the time about HIV detection, transmission, or treatment. Today, however, just as with diabetes or other chronic health conditions, HIV can be effectively managed.(3) According to data collected by the Antiretroviral Therapy Cohort Collaboration from 1996 to 2013, modern antiretroviral therapy (ART) is more sophisticated than original treatments, causes fewer adverse effects, and results in a life expectancy similar to people not living with HIV.(4) The National Institutes of Health notes that ART can suppress an individuals viral load to a point where HIV is undetectable in the blood, and the chance of HIV developing into AIDS is reduced.(5) Research shows that in recent years, people living with HIV who are receiving treatment have a life expectancy of approximately 70 to 78 years or more, depending on other determinants of health and how early treatment was commenced, compared to a life expectancy of 39 years in 1996. The risk of death due to AIDS-related causes has declined dramatically.(6) It is now possible for HIV-positive individuals to have an average life expectancy. They should have the same opportunities as other individuals with chronic medical conditions to purchase life insurance and disability income insurance.(b) It is, therefore, the intent of the Legislature to ensure the equitable health and well-being of all people living in California.(c) The purposes of this article are to do all of the following:(1) Establish standards that prevent insurers from making or permitting unfair distinctions between individuals of the same class in underwriting life insurance or disability insurance for individuals living with HIV.(2) Require the maintenance of strict confidentiality for personal information obtained through testing.(3) Require informed consent before an insurer tests for HIV.799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means an AIDS-related condition.(c) Certificate means a certificate of group life insurance or a certificate of group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Life insurance means a life insurance policy or life insurance coverage, but it does not include an annuity.(i) Policy means an individual life insurance policy or individual disability income insurance policy issued or delivered in this state or a certificate of life insurance benefits or disability income insurance benefits issued or delivered in this state by a fraternal benefit society.799.02. (a) An insurer shall not decline an application or 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 an 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. 799.03. (a) An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(b) An insurer that asks an applicant to take an HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall provide the applicant with both of the following:(1) Printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) A list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information or internet websites, and may include resources available from the State Department of Public Health.(c) The insurer shall notify an applicant of a positive HIV test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Public Health, local medical societies, or alternative test sites for appropriate counseling and treatment.799.04. An insurer shall not require an applicant to undergo an HIV test unless the cost of the test is borne by the insurer.799.05. An insurer shall not consider the marital status, actual or perceived sexual orientation, gender identity, or gender expression of an applicant for life insurance or disability income insurance in determining whether to require an HIV test of that applicant.799.06. 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). An application or enrollment request for life insurance or disability income insurance shall not contain a question pertaining to prior HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance.799.07. If an applicant has had a positive HIV test, an insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used that does not indicate that the individual was subject to an HIV test. 799.08. A policy or certificate shall not limit benefits otherwise payable if loss is caused or contributed to by AIDS or ARC unless the insurer could have declined the application or enrollment request of the insured as provided in Section 799.02.799.09. An insurer shall not require an applicant to take an HIV test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan.799.10. (a) This section applies to the disclosure of the results of HIV tests requested by an insurer pursuant to this article and, notwithstanding Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV tests conducted pursuant to this article.(b) A person who negligently discloses results of an HIV test to any a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) A person who willfully or maliciously discloses the results of an HIV test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) A person who willfully, maliciously, or negligently discloses the results of an HIV test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not to exceed twenty-five thousand dollars ($25,000) or by both that fine and imprisonment.(e) A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made.799.11. This article shall become operative on January 1, 2023. | |
| 71 | 66 | ||
| 72 | - | SEC. 2. Article 6.9 (commencing with Section 799) is added to Chapter 1 of Part 2 of Division 1 of the Insurance Code, to read: | |
| 67 | + | ||
| 68 | + | (a)ELISA test means an enzyme-linked immunosorbent assay serologic test which has been licensed by the federal Food and Drug Administration to detect antibodies to the human immunodeficiency virus. | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | (b)Positive ELISA test means an ELISA test performed in accordance with the manufacturers specifications which is reactive on an initial testing and on at least one of two additional tests of the same specimen. | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (c)Western Blot Assay means an assay which uses reagents consisting of HIV antigens separated by polyacrylamide-gel electrophoresis and then transferred to nitro-cellulose paper to detect antibodies to the human immunodeficiency virus. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (d)Reactive Western Blot Assay means a Western Blot Assay which is reactive according to the standards of performance and results specified in the manufacturers federal Food and Drug Administration approved product circular for the Western Blot Assay reagents and laboratory apparatus. | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (e)HIV antibody test means an ELISA test or a Western Blot Assay, or both. | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (f)Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (g)Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (h)Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (i)Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | SEC. 2. Section 799.01 is added to the Insurance Code, to read:799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 105 | + | ||
| 106 | + | SEC. 2. Section 799.01 is added to the Insurance Code, to read: | |
| 73 | 107 | ||
| 74 | 108 | ### SEC. 2. | |
| 75 | 109 | ||
| 76 | - | ||
| 110 | + | 799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 77 | 111 | ||
| 78 | - | ||
| 112 | + | 799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 79 | 113 | ||
| 80 | - | Article 6.9. The Equal Insurance HIV Act | |
| 81 | - | ||
| 82 | - | Article 6.9. The Equal Insurance HIV Act | |
| 83 | - | ||
| 84 | - | 799. (a) The Legislature finds and declares all of the following:(1) The laws governing the underwriting of insurance policies for individuals with acquired immunodeficiency syndrome (AIDS) were originally enacted in 1988 and were last amended in 1997. These laws require an update to reflect advancements in testing and medical treatments for individuals living with the human immunodeficiency virus (HIV).(2) When the HIV/AIDS epidemic began in the United States, HIV was considered a life-threatening condition because relatively little was known at the time about HIV detection, transmission, or treatment. Today, however, just as with diabetes or other chronic health conditions, HIV can be effectively managed.(3) According to data collected by the Antiretroviral Therapy Cohort Collaboration from 1996 to 2013, modern antiretroviral therapy (ART) is more sophisticated than original treatments, causes fewer adverse effects, and results in a life expectancy similar to people not living with HIV.(4) The National Institutes of Health notes that ART can suppress an individuals viral load to a point where HIV is undetectable in the blood, and the chance of HIV developing into AIDS is reduced.(5) Research shows that in recent years, people living with HIV who are receiving treatment have a life expectancy of approximately 70 to 78 years or more, depending on other determinants of health and how early treatment was commenced, compared to a life expectancy of 39 years in 1996. The risk of death due to AIDS-related causes has declined dramatically.(6) It is now possible for HIV-positive individuals to have an average life expectancy. They should have the same opportunities as other individuals with chronic medical conditions to purchase life insurance and disability income insurance.(b) It is, therefore, the intent of the Legislature to ensure the equitable health and well-being of all people living in California.(c) The purposes of this article are to do all of the following:(1) Establish standards that prevent insurers from making or permitting unfair distinctions between individuals of the same class in underwriting life insurance or disability insurance for individuals living with HIV.(2) Require the maintenance of strict confidentiality for personal information obtained through testing.(3) Require informed consent before an insurer tests for HIV. | |
| 85 | - | ||
| 86 | - | ||
| 87 | - | ||
| 88 | - | 799. (a) The Legislature finds and declares all of the following: | |
| 89 | - | ||
| 90 | - | (1) The laws governing the underwriting of insurance policies for individuals with acquired immunodeficiency syndrome (AIDS) were originally enacted in 1988 and were last amended in 1997. These laws require an update to reflect advancements in testing and medical treatments for individuals living with the human immunodeficiency virus (HIV). | |
| 91 | - | ||
| 92 | - | (2) When the HIV/AIDS epidemic began in the United States, HIV was considered a life-threatening condition because relatively little was known at the time about HIV detection, transmission, or treatment. Today, however, just as with diabetes or other chronic health conditions, HIV can be effectively managed. | |
| 93 | - | ||
| 94 | - | (3) According to data collected by the Antiretroviral Therapy Cohort Collaboration from 1996 to 2013, modern antiretroviral therapy (ART) is more sophisticated than original treatments, causes fewer adverse effects, and results in a life expectancy similar to people not living with HIV. | |
| 95 | - | ||
| 96 | - | (4) The National Institutes of Health notes that ART can suppress an individuals viral load to a point where HIV is undetectable in the blood, and the chance of HIV developing into AIDS is reduced. | |
| 97 | - | ||
| 98 | - | (5) Research shows that in recent years, people living with HIV who are receiving treatment have a life expectancy of approximately 70 to 78 years or more, depending on other determinants of health and how early treatment was commenced, compared to a life expectancy of 39 years in 1996. The risk of death due to AIDS-related causes has declined dramatically. | |
| 99 | - | ||
| 100 | - | (6) It is now possible for HIV-positive individuals to have an average life expectancy. They should have the same opportunities as other individuals with chronic medical conditions to purchase life insurance and disability income insurance. | |
| 101 | - | ||
| 102 | - | (b) It is, therefore, the intent of the Legislature to ensure the equitable health and well-being of all people living in California. | |
| 103 | - | ||
| 104 | - | (c) The purposes of this article are to do all of the following: | |
| 105 | - | ||
| 106 | - | (1) Establish standards that prevent insurers from making or permitting unfair distinctions between individuals of the same class in underwriting life insurance or disability insurance for individuals living with HIV. | |
| 107 | - | ||
| 108 | - | (2) Require the maintenance of strict confidentiality for personal information obtained through testing. | |
| 109 | - | ||
| 110 | - | (3) Require informed consent before an insurer tests for HIV. | |
| 111 | - | ||
| 112 | - | 799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means an AIDS-related condition.(c) Certificate means a certificate of group life insurance or a certificate of group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Life insurance means a life insurance policy or life insurance coverage, but it does not include an annuity.(i) Policy means an individual life insurance policy or individual disability income insurance policy issued or delivered in this state or a certificate of life insurance benefits or disability income insurance benefits issued or delivered in this state by a fraternal benefit society. | |
| 114 | + | 799.01. As used in this article, the following terms have the following meanings:(a) AIDS means acquired immunodeficiency syndrome.(b) ARC means AIDS-related conditions.(c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy.(d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement.(e) HIV or human immunodeficiency virus means the etiologic virus of AIDS.(f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV.(g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state.(h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 113 | 115 | ||
| 114 | 116 | ||
| 115 | 117 | ||
| 116 | 118 | 799.01. As used in this article, the following terms have the following meanings: | |
| 117 | 119 | ||
| 118 | 120 | (a) AIDS means acquired immunodeficiency syndrome. | |
| 119 | 121 | ||
| 120 | - | (b) ARC means | |
| 122 | + | (b) ARC means AIDS-related conditions. | |
| 121 | 123 | ||
| 122 | - | (c) Certificate means a certificate of group life insurance or | |
| 124 | + | (c) Certificate means a certificate of group life insurance or group disability income insurance delivered in this state, regardless of the situs of the group master policy. | |
| 123 | 125 | ||
| 124 | 126 | (d) Disability income insurance means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. | |
| 125 | 127 | ||
| 126 | 128 | (e) HIV or human immunodeficiency virus means the etiologic virus of AIDS. | |
| 127 | 129 | ||
| 128 | 130 | (f) HIV test means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. | |
| 129 | 131 | ||
| 130 | - | (g) Insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state. | |
| 132 | + | (g) Life or disability income insurer means an insurer licensed to transact life insurance or disability insurance in this state or a fraternal benefit society licensed in this state. | |
| 131 | 133 | ||
| 132 | - | (h) | |
| 134 | + | (h) Policy means an individual life insurance policy or individual disability income insurance policy delivered in this state or a certificate of life insurance benefits or disability income insurance benefits delivered in this state by a fraternal benefit society. | |
| 133 | 135 | ||
| 134 | - | ( | |
| 136 | + | SEC. 3. Section 799.02 of the Insurance Code is repealed.799.02.Notwithstanding subdivision (f) of Section 120980 of the Health and Safety Code or any other provisions of law, a life or disability income insurer may decline a life or disability income insurance application or enrollment request on the basis of a positive ELISA test followed by a positive Western Blot Assay performed by or at the direction of the insurer on the same specimen of the applicant.This authorization applies only to policies, certificates, and applications for coverage (a) that are issued, delivered, or received on or after the effective date of the urgency statute amending this section enacted during the 1989 portion of the 198990 Regular Session and (b) the issuance or granting of which is otherwise contingent upon medical review for other diseases or medical conditions to be effective.This article shall not be construed to prohibit an insurer from declining an application or enrollment request for insurance because the applicant has been diagnosed as having AIDS or ARC by a medical professional. | |
| 135 | 137 | ||
| 136 | - | 799.02. (a) An insurer shall not decline an application or 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 an 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. | |
| 138 | + | SEC. 3. Section 799.02 of the Insurance Code is repealed. | |
| 139 | + | ||
| 140 | + | ### SEC. 3. | |
| 141 | + | ||
| 142 | + | 799.02.Notwithstanding subdivision (f) of Section 120980 of the Health and Safety Code or any other provisions of law, a life or disability income insurer may decline a life or disability income insurance application or enrollment request on the basis of a positive ELISA test followed by a positive Western Blot Assay performed by or at the direction of the insurer on the same specimen of the applicant.This authorization applies only to policies, certificates, and applications for coverage (a) that are issued, delivered, or received on or after the effective date of the urgency statute amending this section enacted during the 1989 portion of the 198990 Regular Session and (b) the issuance or granting of which is otherwise contingent upon medical review for other diseases or medical conditions to be effective.This article shall not be construed to prohibit an insurer from declining an application or enrollment request for insurance because the applicant has been diagnosed as having AIDS or ARC by a medical professional. | |
| 137 | 143 | ||
| 138 | 144 | ||
| 139 | 145 | ||
| 140 | - | 799.02. (a) An insurer shall not decline an application or 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. | |
| 141 | - | ||
| 142 | - | (b) Notwithstanding any other law, this article does not prevent or otherwise restrict an 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. | |
| 143 | - | ||
| 144 | - | (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. | |
| 145 | - | ||
| 146 | - | 799.03. (a) An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(b) An insurer that asks an applicant to take an HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall provide the applicant with both of the following:(1) Printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) A list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information or internet websites, and may include resources available from the State Department of Public Health.(c) The insurer shall notify an applicant of a positive HIV test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Public Health, local medical societies, or alternative test sites for appropriate counseling and treatment. | |
| 146 | + | Notwithstanding subdivision (f) of Section 120980 of the Health and Safety Code or any other provisions of law, a life or disability income insurer may decline a life or disability income insurance application or enrollment request on the basis of a positive ELISA test followed by a positive Western Blot Assay performed by or at the direction of the insurer on the same specimen of the applicant. | |
| 147 | 147 | ||
| 148 | 148 | ||
| 149 | 149 | ||
| 150 | - | 799.03. (a) An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing. | |
| 151 | - | ||
| 152 | - | (b) An insurer that asks an applicant to take an HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall provide the applicant with both of the following: | |
| 153 | - | ||
| 154 | - | (1) Printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative. | |
| 155 | - | ||
| 156 | - | (2) A list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information or internet websites, and may include resources available from the State Department of Public Health. | |
| 157 | - | ||
| 158 | - | (c) The insurer shall notify an applicant of a positive HIV test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Public Health, local medical societies, or alternative test sites for appropriate counseling and treatment. | |
| 159 | - | ||
| 160 | - | 799.04. An insurer shall not require an applicant to undergo an HIV test unless the cost of the test is borne by the insurer. | |
| 150 | + | This authorization applies only to policies, certificates, and applications for coverage (a) that are issued, delivered, or received on or after the effective date of the urgency statute amending this section enacted during the 1989 portion of the 198990 Regular Session and (b) the issuance or granting of which is otherwise contingent upon medical review for other diseases or medical conditions to be effective. | |
| 161 | 151 | ||
| 162 | 152 | ||
| 163 | 153 | ||
| 164 | - | 799.04. An insurer shall not require an applicant to undergo an HIV test unless the cost of the test is borne by the insurer. | |
| 165 | - | ||
| 166 | - | 799.05. An insurer shall not consider the marital status, actual or perceived sexual orientation, gender identity, or gender expression of an applicant for life insurance or disability income insurance in determining whether to require an HIV test of that applicant. | |
| 154 | + | This article shall not be construed to prohibit an insurer from declining an application or enrollment request for insurance because the applicant has been diagnosed as having AIDS or ARC by a medical professional. | |
| 167 | 155 | ||
| 168 | 156 | ||
| 169 | 157 | ||
| 170 | - | 799. | |
| 158 | + | SEC. 4. Section 799.02 is added to the Insurance Code, to read:799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. | |
| 171 | 159 | ||
| 172 | - | 799.06. 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). An application or enrollment request for life insurance or disability income insurance shall not contain a question pertaining to prior HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 160 | + | SEC. 4. Section 799.02 is added to the Insurance Code, to read: | |
| 161 | + | ||
| 162 | + | ### SEC. 4. | |
| 163 | + | ||
| 164 | + | 799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. | |
| 165 | + | ||
| 166 | + | 799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. | |
| 167 | + | ||
| 168 | + | 799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. | |
| 173 | 169 | ||
| 174 | 170 | ||
| 175 | 171 | ||
| 176 | - | 799. | |
| 172 | + | 799.02. A life or disability income insurer shall not decline a life or disability income insurance application or enrollment request on the basis of a positive HIV test, regardless of when or at whose direction the test was performed. | |
| 177 | 173 | ||
| 178 | - | 799.07. If an applicant has had a positive HIV test, an insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used that does not indicate that the individual was subject to an HIV test. | |
| 174 | + | SEC. 5. Section 799.03 of the Insurance Code is amended to read:799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test. | |
| 175 | + | ||
| 176 | + | SEC. 5. Section 799.03 of the Insurance Code is amended to read: | |
| 177 | + | ||
| 178 | + | ### SEC. 5. | |
| 179 | + | ||
| 180 | + | 799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test. | |
| 181 | + | ||
| 182 | + | 799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test. | |
| 183 | + | ||
| 184 | + | 799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing.(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following:(1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative.(2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information.(b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling.(c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test. | |
| 179 | 185 | ||
| 180 | 186 | ||
| 181 | 187 | ||
| 182 | - | 799. | |
| 188 | + | 799.03. No An insurer shall not test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with the informed consent, counseling, and privacy protection provisions of this article and Article 6.6 (commencing with Section 791). Notwithstanding any other provision of law, this constitutes the exclusive requirements for counseling, informed consent, and privacy protection for that testing. | |
| 183 | 189 | ||
| 184 | - | 799.08. A policy or certificate shall not limit benefits otherwise payable if loss is caused or contributed to by AIDS or ARC unless the insurer could have declined the application or enrollment request of the insured as provided in Section 799.02. | |
| 190 | + | (a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicants written informed consent for the test. Written informed consent shall include a description of the test to be performed, including its purpose, potential uses, and limitations, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results. Prior to the applicants execution of the consent, the insurer shall: shall do both of the following: | |
| 191 | + | ||
| 192 | + | (1) Provide the applicant printed material describing HIV, its causes and symptoms, the manner in which it is spread, the test or tests used to detect HIV or the HIV antibody, and what a person can do whose test results are positive or negative. | |
| 193 | + | ||
| 194 | + | (2) Provide the applicant a list of counseling resources available, where the applicant can obtain assistance in understanding the meaning of the test and its results. The list may be provided from publicly available information. | |
| 195 | + | ||
| 196 | + | (b) The insurer shall notify an applicant of a positive test result by notifying the applicants designated physician. If the applicant tested has not given written consent authorizing a physician to receive the test results, the applicant shall be urged, at the time the applicant is informed of the positive test results, to contact a private physician, the county department of health, the State Department of Health Services, Public Health, local medical societies, or alternative test sites for appropriate counseling. | |
| 197 | + | ||
| 198 | + | (c) The commissioner shall develop and adopt standardized language for the informed consent disclosure form required by this section to be given to any applicant for life or disability income insurance who takes an HIV-related HIV test. | |
| 199 | + | ||
| 200 | + | SEC. 6. Section 799.04 of the Insurance Code is amended to read:799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer. | |
| 201 | + | ||
| 202 | + | SEC. 6. Section 799.04 of the Insurance Code is amended to read: | |
| 203 | + | ||
| 204 | + | ### SEC. 6. | |
| 205 | + | ||
| 206 | + | 799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer. | |
| 207 | + | ||
| 208 | + | 799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer. | |
| 209 | + | ||
| 210 | + | 799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer. | |
| 185 | 211 | ||
| 186 | 212 | ||
| 187 | 213 | ||
| 188 | - | 799. | |
| 214 | + | 799.04. A life or disability income insurer may not require an applicant to undergo an HIV antibody test unless the cost of the test is borne by the insurer. | |
| 189 | 215 | ||
| 190 | - | 799.09. An insurer shall not require an applicant to take an HIV test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 216 | + | SEC. 7. Section 799.05 of the Insurance Code is amended to read:799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant. | |
| 217 | + | ||
| 218 | + | SEC. 7. Section 799.05 of the Insurance Code is amended to read: | |
| 219 | + | ||
| 220 | + | ### SEC. 7. | |
| 221 | + | ||
| 222 | + | 799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant. | |
| 223 | + | ||
| 224 | + | 799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant. | |
| 225 | + | ||
| 226 | + | 799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant. | |
| 191 | 227 | ||
| 192 | 228 | ||
| 193 | 229 | ||
| 194 | - | 799. | |
| 230 | + | 799.05. No A life or disability income insurer shall not consider the marital status or known or suspected homosexuality or bisexuality sexual orientation of an applicant for life insurance or disability income insurance in determining whether to require an HIV antibody test of that applicant. | |
| 195 | 231 | ||
| 196 | - | 799.10. (a) This section applies to the disclosure of the results of HIV tests requested by an insurer pursuant to this article and, notwithstanding Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV tests conducted pursuant to this article.(b) A person who negligently discloses results of an HIV test to any a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not to exceed two thousand five hundred dollars ($2,500) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) A person who willfully or maliciously discloses the results of an HIV test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, shall be assessed a civil penalty in an amount not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) A person who willfully, maliciously, or negligently discloses the results of an HIV test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1, 1603.3, or 121022 of the Health and Safety Code, or in any other law that expressly provides an exemption to this section, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not to exceed twenty-five thousand dollars ($25,000) or by both that fine and imprisonment.(e) A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 232 | + | SEC. 8. Section 799.06 of the Insurance Code is amended to read:799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 233 | + | ||
| 234 | + | SEC. 8. Section 799.06 of the Insurance Code is amended to read: | |
| 235 | + | ||
| 236 | + | ### SEC. 8. | |
| 237 | + | ||
| 238 | + | 799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 239 | + | ||
| 240 | + | 799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 241 | + | ||
| 242 | + | 799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 197 | 243 | ||
| 198 | 244 | ||
| 199 | 245 | ||
| 200 | - | 799. | |
| 246 | + | 799.06. 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). On and after January 1, 1990, no an application or enrollment request for life or disability income insurance shall not contain a question pertaining to prior testing for HIV antibodies, HIV tests unless the question is limited in scope to prior testing for the purpose of obtaining insurance. | |
| 201 | 247 | ||
| 202 | - | ||
| 248 | + | SEC. 9. Section 799.07 of the Insurance Code is amended to read:799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test. | |
| 203 | 249 | ||
| 204 | - | ||
| 250 | + | SEC. 9. Section 799.07 of the Insurance Code is amended to read: | |
| 205 | 251 | ||
| 206 | - | ||
| 252 | + | ### SEC. 9. | |
| 207 | 253 | ||
| 208 | - | (e) A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act. | |
| 254 | + | 799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test. | |
| 255 | + | ||
| 256 | + | 799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test. | |
| 257 | + | ||
| 258 | + | 799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test. | |
| 259 | + | ||
| 260 | + | ||
| 261 | + | ||
| 262 | + | 799.07. If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, HIV test, a life or disability income insurer shall not report a code to an insurance support organization as defined in Section 791.02 or another insurer unless a nonspecific test result code is used which that does not indicate that the individual was subject to testing related to the human immunodeficiency virus. an HIV test. | |
| 263 | + | ||
| 264 | + | SEC. 10. Section 799.09 of the Insurance Code is amended to read:799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 265 | + | ||
| 266 | + | SEC. 10. Section 799.09 of the Insurance Code is amended to read: | |
| 267 | + | ||
| 268 | + | ### SEC. 10. | |
| 269 | + | ||
| 270 | + | 799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 271 | + | ||
| 272 | + | 799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 273 | + | ||
| 274 | + | 799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 275 | + | ||
| 276 | + | ||
| 277 | + | ||
| 278 | + | 799.09. No A life or disability income insurer shall not require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for the purpose of determining eligibility for hospital, medical, or surgical insurance coverage or eligibility for coverage under a nonprofit hospital service plan or health care service plan. | |
| 279 | + | ||
| 280 | + | SEC. 11. Section 799.10 of the Insurance Code is amended to read:799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 281 | + | ||
| 282 | + | SEC. 11. Section 799.10 of the Insurance Code is amended to read: | |
| 283 | + | ||
| 284 | + | ### SEC. 11. | |
| 285 | + | ||
| 286 | + | 799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 287 | + | ||
| 288 | + | 799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 289 | + | ||
| 290 | + | 799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article.(b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test.(d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.(e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act.(f) Each disclosure made in violation of this section is a separate and actionable offense.(g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 291 | + | ||
| 292 | + | ||
| 293 | + | ||
| 294 | + | 799.10. (a) This section shall apply applies to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the provisions of Section 120980 of the Health and Safety Code, Section 120980 of the Health and Safety Code does not apply to the disclosure of the results of HIV antibody tests conducted pursuant to this article. | |
| 295 | + | ||
| 296 | + | (b) Any A person who negligently discloses results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. | |
| 297 | + | ||
| 298 | + | (c) Any A person who willfully discloses the results of an HIV antibody test to any third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. | |
| 299 | + | ||
| 300 | + | (d) Any A person who willfully or negligently discloses the results of an HIV antibody test to a third party, in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization, as described in subdivision (g), or except as provided in this article or in Section 1603.1 or 1603.3 of the Health and Safety Code, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor punishable by imprisonment in the a county jail for a period not to exceed one year, by a fine of not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. | |
| 301 | + | ||
| 302 | + | (e) Any A person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or psychological harm that is a proximate cause of the act. | |
| 209 | 303 | ||
| 210 | 304 | (f) Each disclosure made in violation of this section is a separate and actionable offense. | |
| 211 | 305 | ||
| 212 | 306 | (g) Written authorization, as used in this section, applies only to the disclosure of test results by a person responsible for the care and treatment of the person subject to the test. Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made. | |
| 213 | 307 | ||
| 214 | - | ||
| 308 | + | SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 215 | 309 | ||
| 310 | + | SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 216 | 311 | ||
| 312 | + | SEC. 12. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 217 | 313 | ||
| 218 | - | 799.11. This article shall become operative on January 1, 2023. | |
| 219 | - | ||
| 220 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 221 | - | ||
| 222 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 223 | - | ||
| 224 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 225 | - | ||
| 226 | - | ### SEC. 3. | |
| 314 | + | ### SEC. 12. |