- The ARC - California Edition -

California State LAW

Health and Safety Code

Section 1374.7 - Prohibits prepaid healthcare plans from denying, canceling, refusing to renew, or charging more for coverage, or for providing different terms or benefits to a person based on genetic characteristics.

This section also defines "Genetic Characteristics" as a family history of genetic disorder or gene alterations causing or increasing the risk of a disease or disorder. This does NOT include those already affected by a genetic disorder.

Insurance Code

Section 742.405 - Establishes the same prohibition for self-funded or partially self-funded employer welfare arrangements.

Section 10123.3 - Applies these same restrictions to self-insured employee welfare benefit plans.

Section 11512.95 - Establishes the same prohibition for non-profit hospital service plans.

Section 10140 and 10146 to 10149.1 - Prohibits life and disability income insurance companies from discrimination based on genetic characteristics, prohibits companies from requiring genetic tests, and proscribes penalties for the unauthorized release of genetic test results.

Section 10123.9 and 11512.18 - Requires that coverage for prenatal diagnosis of genetic disorders of the fetus be offered and prohibits companies from requiring genetic tests or information for any non- therapeutic reason or from disclosing the results of tests without authorization. (Also in H&S Code 1367.7).

Civil Code

Section 56.17 - Provides broad protection against unauthorized disclosure of genetic test results by health care service plans. (Also in Insurance Code 10123.35).

(Adapted from Genetically Speaking, Vol 8, No. 1)