Bill Text: CA SB961 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: The Equal Insurance HIV Act.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-05-14 - May 14 hearing postponed by committee. [SB961 Detail]
Download: California-2019-SB961-Introduced.html
799.01. 799.02. 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. antibody test unless the cost of the test is borne by the insurer.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. 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. 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.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. 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.
Bill Title: The Equal Insurance HIV Act.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-05-14 - May 14 hearing postponed by committee. [SB961 Detail]
Download: California-2019-SB961-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 961
| 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 |
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 DIGEST
SB 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 799.01 of the Insurance Code is repealed.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 manufacturer’s 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 manufacturer’s 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.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 1989–90 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.
(a) An insurer that requests an applicant to take an HIV-related HIV test shall obtain the applicant’s 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 applicant’s 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 applicant’s 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 HIVSEC. 7.
Section 799.05 of the Insurance Code is amended to read:799.05.
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,SEC. 9.
Section 799.07 of the Insurance Code is amended to read:799.07.
If an applicant has had a positiveSEC. 10.
Section 799.09 of the Insurance Code is amended to read:799.09.
SEC. 11.
Section 799.10 of the Insurance Code is amended to read:799.10.
(a) This section(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.
