California Insurance Code ARTICLE 6.9 - Underwriting of AIDS Risks

• Section 799.
  The purposes of this article are to establish standards for the performance by life and disability income insurers of their duty to avoid making or...
• Section 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...
• Section 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...
• Section 799.03.
  No insurer shall test for HIV or for the presence of antibodies to HIV for the purpose of determining insurability other than in accordance with...
• Section 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...
• Section 799.05.
  No life or disability income insurer shall consider the marital status or known or suspected homosexuality or bisexuality of an applicant for life insurance or...
• Section 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...
• Section 799.07.
  If an applicant has had a positive ELISA test result or a positive Western Blot Assay or both, a life or disability income insurer shall...
• Section 799.08.
  No policy or certificate shall limit benefits otherwise payable if loss is caused or contributed to by AIDS or ARC unless the insurer could have...
• Section 799.09.
  No life or disability income insurer shall require an HIV antibody test if the results of the test would be used exclusively or nonexclusively for...
• Section 799.10.
  (a) This section shall apply to the disclosure of the results of HIV antibody tests requested by an insurer pursuant to this article and, notwithstanding the...

Last modified: October 22, 2018