ASSEMBLYMEMBER WILSON INTRODUCES LEGISLATION TO PROTECT CALIFORNIANS FROM GENETIC AND BIOMARKER DISCRIMINATION IN INSURANCE

The following information was released by the California State Assembly, Democratic Caucus:

Assemblymember Lori D. Wilson announced the introduction of new legislation sponsored by the California Department of Insurance to strengthen consumer privacy protections and prevent discrimination in life and non-health disability insurance based on genetic testing or biomarker results.

As genetic testing and biomarker screening become increasingly common tools for individuals seeking to better understand their health, concerns have grown about how insurers may access and use this sensitive information. Under existing law, insurers may receive genetic or biomarker information through medical records even when they did not request or require such testingleaving consumers without key consent and privacy protections.

"This bill ensures that Californians are not penalized for taking proactive steps to understand their health," said Assemblymember Wilson. "Genetic testing and biomarker screening should lead to better health, not to higher premiums, reduced benefits, or denial of coverage."

AB 1798 would prohibit life and non-health disability insurers from requiring genetic testing or biomarker results as a condition of coverage and from using information derived from such tests for underwriting purposes. By closing gaps in current law, the bill would safeguard consumer privacy, prevent discriminatory practices, and ensure access to insurance products is based on fair and appropriate criteria.

The measure is sponsored by California Insurance Commissioner Ricardo Lara as part of its ongoing efforts to protect consumers and adapt insurance regulations to emerging technologies and medical advances.

"As more Californians use genetic testing and biomarker screenings to better understand their health, they should never have to worry that this deeply personal information will be turned against them," said Insurance Commissioner Ricardo Lara. "This bill closes a dangerous gap in our laws by banning insurers from using genetic or biomarker data to deny coverage or raise premiums. Your DNA and your medical markers belong to you, not to an insurance company. Protecting consumer privacy and preventing discrimination ensures people can use the latest medical technology without putting their health, their coverage, or their most sensitive data at risk. Health insurance is already expensive enough without adding genetic discrimination to the price."

Consumer advocates note that fear of insurance discrimination can discourage individuals from obtaining genetic tests or biomarker screenings that may provide critical insights into disease prevention and early intervention. AB 1798 seeks to remove that barrier and promote better health outcomes for Californians.

The bill will be heard in policy committee later this legislative session.

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Assemblywoman Lori D. Wilson was elected in April 2022 to represent California's 11th Assembly District which includes all of Solano County and portions of Contra Costa and Sacramento Counties. The District includes the Cities of: Benicia, Dixon, Fairfield, Oakley, Rio Vista, Suisun City, Vacaville and Vallejo.