Life and disability income insurance: HIV tests.

Existing law generally regulates classes of insurance, including life insurance and disability income insurance. Existing law, on and after January 1, 2023, prohibits a life or disability income insurer from, among other things, requiring an HIV test to determine an individual's insurability, except as specified, and from considering specified traits of an applicant, including actual or perceived sexual orientation, in determining whether to require an HIV test of that applicant. Existing law, on and after that same date, prohibits a policy or certificate from limiting benefits otherwise payable if a loss is caused by or contributed to by HIV or AIDS, unless the insurer could have declined the application or enrollment request, as specified. Existing law, also on and after that date, imposes criminal penalties, including imprisonment in a county jail for a period not to exceed one year, and civil penalties for the negligent, willful, or malicious disclosure of results of an HIV test to a third party, and makes a person liable for all actual damages that are a proximate cause of the disclosure. This bill, on and after January 1, 2023, would prohibit a life or disability income insurer from considering the occupation of an applicant in determining whether to require an HIV test of that applicant. On and after January 1, 2023, the bill would delete the prohibition on a policy or certificate from limiting benefits payable for a loss caused by or contributed to by HIV or AIDS, as specified. On and after January 1, 2023, the bill would reduce the authorized imprisonment period for the negligent, willful, or malicious disclosure of HIV test results to a period not to exceed 364 calendar days, and would make a person who negligently, willfully, or maliciously discloses those test results to a third party liable for all actual damages that are proximately caused by the disclosure.