(a) A life or disability income insurer shall not decline an application or enrollment request for coverage under a policy or certificate for life insurance or disability income insurance based solely on the results of a positive HIV test, regardless of when or at whose direction the test was performed.
(b) Notwithstanding any other law, this article does not prevent or otherwise restrict a life or disability income insurer from refusing to insure an applicant that is HIV positive, limiting the amount, extent, or kind of coverage for an applicant that is HIV positive, or charging a different rate to an applicant that is HIV positive, if the refusal, limitation, or charge is based on sound actuarial principles and actual or reasonably anticipated experience.
(c) Transferring an applicant from a simplified, expedited, accelerated, or algorithmic underwriting process to a traditional medical underwriting process, based solely on the results of a positive HIV test, does not constitute a denial of the application or a violation of this section.
(d) This section applies to a policy, certificate, application, or enrollment request that meets both of the following requirements:
(1) It is issued, delivered, or received on or after January 1, 2023.
(2) In order to be effective, its issuance, delivery, or granting is contingent upon medical review for other diseases or medical conditions.
(Added by Stats. 2020, Ch. 184, Sec. 3. (SB 1255) Effective January 1, 2021. Operative January 1, 2023, pursuant to Section 799.11.)