Genetic testing for life and disability insurance.

The bill text was reformatted from a traditional legislative document layout (with line numbers, page headers like 'AB 1798 -2-', and two-column formatting) to a single-column web page format with website navigation elements such as 'skip to content,' 'home,' 'accessibility,' 'FAQ,' 'feedback,' 'sitemap,' and 'login.'

Legislative document formatting elements were removed, including line numbers (e.g., 'line 1,' 'line 2'), page number headers and footers, and the traditional two-column bill layout.

Website interface elements were added, including navigation links, a quick search box, bill information sidebar, version selection dropdown, and sharing options. A 'Date Published: 08/22/2026' timestamp was also added.

A new Section 1 is added stating it is the Legislature's intent that the act shall not be interpreted to authorize the use or disclosure of an individual's full genome. A parallel prohibition is also added in Section 10146(c).

Section 791.07(d) now prohibits investigative consumer reports seeking any individual's genetic information or full genome, rather than only those originally requested by the individual or obtained from a direct-to-consumer company.

Section 10148(b)(1) removes 'use genetic test results' from the list of prohibited actions. Insurers are now only prohibited from requiring, requesting, soliciting genetic information, or considering a person's decisions or actions relating to genetic testing.

Section 10148(h) is expanded to clarify that insurers may consider a medical diagnosis included in an individual's medical record even if the diagnosis was made based on genetic test results. The word 'manifestation' is added alongside 'diagnosis or treatment of any present disease or disorder.'

Section 10146(b) narrows the exclusivity provision to apply specifically to 'the practices of life insurers and disability insurers, as defined in this article,' rather than broadly to 'insurers' practices.'

Paragraph (9) of Section 791.06(a), which required disclosure authorization forms to exempt genetic characteristics and genetic testing from medical records authorizations, is entirely removed.

Section 10148(a)(2) adds a new criterion (C): the test must be for the purpose of ruling out an adverse finding based on the individual's medical record, and the individual must have provided informed written consent or provided the results to the insurer.

Section 791.11(c) now prohibits seeking an individual's genetic information or full genome broadly, but allows it if: (1) it is in the medical record, (2) not from a DTC test, (3) the policy face value exceeds $1.5 million, and (4) it is for ruling out an adverse finding with the individual's informed written consent or the individual provided the results.

Section 791.12(e) now prohibits basing adverse underwriting decisions on genetic information or full genome broadly, but allows it under the same four criteria as Section 791.11(c), including the new informed consent requirement.

The definition of 'Biomarker' and 'biomarker testing' is removed from Section 10147, and the related prohibition on requiring biomarker testing is removed from Section 10148(d).

Section 10149 removes the commissioner's discretion to establish what constitutes an act for penalty purposes (former paragraph (g)(3)) and removes the phrase 'from time to time as conditions warrant' from the rulemaking authority.

All sunset provisions (sections expiring January 1, 2036) and operative date provisions (new sections becoming effective January 1, 2036) are removed. The bill now amends existing Insurance Code sections directly rather than creating a parallel set of sections that would only take effect in 2036.

The bill's scope is broadened from 'disability income insurance' to 'disability insurance,' which under Section 106 of the Insurance Code is a wider category (still excluding health insurance). This means more types of disability policies are now covered by the genetic information protections.

Section 10148(a) now prohibits adverse actions based on a test for the 'presence or absence' of a genetic characteristic (previously only 'presence'), closing a potential gap where a negative result could be used against an applicant.

Assembly Member McKinnor is added as a coauthor alongside Assembly Member Bauer-Kahan, indicating broader legislative support for the bill.

A new exception is added across multiple sections (791.11, 791.12, and 10148) that permits insurers to seek, use, or base underwriting decisions on genetic information if three conditions are met: (1) the information is in the individual's medical record, (2) it was not obtained from a direct-to-consumer test, and (3) the policy has a face value exceeding $1,500,000. This effectively carves out high-value life and disability policies from the genetic information ban.

Section 10149.1 gains new penalty provisions: a misdemeanor (up to 1 year in county jail and/or $10,000 fine) for willful or negligent disclosure of genetic information that causes economic, bodily, or emotional harm; civil liability for all actual damages including emotional harm; a rule that each separate disclosure is a distinct actionable offense; and additional administrative penalties of $1,500 to $2,500 per violation for insurers.

Section 791.07(d) is amended to explicitly prohibit insurance institutions, agents, or insurance-support organizations from preparing or requesting an investigative consumer report that seeks an individual's full genome or genetic information originally requested by the individual or obtained from a direct-to-consumer testing company.

Section 10147 is restructured to consolidate definitions from both the old and new versions. The definition of 'genetic information' (information derived from genetic testing about variations or mutations that are asymptomatic at the time of testing) is now included in the operative section rather than only in a future-effective provision. The term 'disability insurance' replaces 'disability income insurance' throughout.

The bill now applies to 'disability insurance' rather than just 'disability income insurance.' A new definition in Section 10147 defines disability insurance to include both disability income insurance and overhead expense coverage for a business or profession, broadening the range of policies covered by the genetic information protections.

Section 10146 now protects against discrimination based on 'a person's genetic characteristics or personal genetic history' rather than just 'tests of a person's genetic characteristics.' This adds 'personal genetic history' as a protected category beyond test results alone.

Section 791.11(a) now includes an exception: insurers may seek information about a previous adverse underwriting decision if the inquiry also requests the reasons for that decision. The introduced version had no such carve-out.

The amended bill imposes civil penalties for the use of genetic information or genetic characteristics in a manner inconsistent with the new provisions, as well as other civil penalties for any violation. The introduced version had no penalty provisions.

A new exception in Section 10148(b) provides that the prohibition on requiring, requesting, or soliciting genetic information does not apply to records necessary solely for the payment of benefits or for a therapeutic purpose.

Section 10148(d) now prohibits an insurer from asking a person if 'they or any member of their family' have taken a genetic test or about the result, expanding the prohibition to cover inquiries about family members' genetic testing (the introduced version only covered the individual).

Section 791.06(9) adds clarifying language stating that 'Article 2.6 permits such a request at the time the request is made,' making explicit when genetic testing requests are authorized under the disclosure authorization exemption.

The existing informed consent provisions (written consent, notification of results, standardized disclosure form) are preserved as a separate section operative on January 1, 2036, rather than being fully repealed and replaced. This creates a two-track system where the new prohibitions apply immediately and the old informed consent framework continues until 2036.

Section 10147 adds a definition of 'genetic test' or 'genetic testing' as a laboratory test generally accepted in scientific and medical communities for determining the presence or absence of genetic information or genetic characteristics, and restructures definitions to support the broader 'disability insurance' category.