A life or disability income 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.

(Added by Stats. 2020, Ch. 184, Sec. 3. (SB 1255) Effective January 1, 2021.)

Terms Used In California Insurance Code 799.09

  • HIV test: means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. See California Insurance Code 799.01
  • Life or disability income insurer: means an insurer licensed to transact life insurance or disability insurance in this state that is transacting life insurance or disability income insurance in this state, or a fraternal benefit society licensed in this state that is transacting life insurance or disability income insurance in this state. See California Insurance Code 799.01
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