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DIVISION 2. LICENSING PROVISIONS 1200-1797.8›CHAPTER 2.2. Health Care Service Plans 1340-1399.864›ARTICLE 7.5. Underwriting Practices 1389.1-1389.8

§ 1389.1

California Health and Safety Code · 2018-11 edition · updated 2026-10-04 · California

(a) The director shall not approve any plan contract unless the director finds that the application conforms to both of the following requirements:

(1) All applications for coverage which include health-related questions shall contain clear and unambiguous questions designed to ascertain the health condition or history of the applicant.

(2) The application questions related to an applicant’s health shall be based on medical information that is reasonable and necessary for medical underwriting purposes. The application shall include a prominently displayed notice that shall read:

“California law prohibits an HIV test from being required or used by health care service plans as a condition of obtaining coverage.”

(b) Nothing in this section shall authorize the director to establish or require a single or standard application form for application questions.

(Amended by Stats. 1999, Ch. 525, Sec. 136. Effective January 1, 2000. Operative July 1, 2000, or sooner, by Sec. 214 of Ch. 525.)

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California Health and Safety Code

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