How AB 1798 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 4 section(s) of the California codes: Section 791.07 of the Insurance Code; Section 791.11 of the Insurance Code; Section 791.12 of the Insurance Code; Section 10149.1 of the Insurance Code.

• Section 791.07 of the Insurance Code

  SEC. 3.5. Section 791.07 is added to the Insurance Code, to read: 791.07. (a) A licensee, surplus line insurer, reinsurer, or third-party service provider shall not prepare or request an investigative consumer report about a consumer in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits, unless the licensee, surplus line insurer, reinsurer, or third-party service provider informs the consumer of both of the following in writing before the report preparation:(1) That the individual may request to be interviewed in connection with the preparation of the investigative consumer report, and the licensee, surplus line insurer, reinsurer, or third-party service provider shall conduct the interview.(2) That upon a request pursuant to Section 791.08, the individual is entitled to receive a copy of the investigative consumer report.(b) If an investigative consumer report is to be prepared by a licensee, surplus line insurer, or reinsurer, the licensee, surplus line insurer, or reinsurer shall institute reasonable procedures to conduct a personal interview requested by a consumer.(c) If an investigative consumer report is to be prepared by a third-party service provider, the licensee, surplus line insurer, or reinsurer shall notify the third-party service provider in writing if a personal interview has been requested by the consumer. The third-party service provider shall conduct the interview requested.(d) If a licensee, surplus line insurer, or reinsurer uses a third-party service provider to obtain or prepare an investigative consumer report, the written contract between the licensee, surplus line insurer, or reinsurer and the third-party service provider shall require the third-party service provider to do both of the following:(1) Comply with the requirements of this section.(2) Not process or share personal information provided to the third-party service provider by the licensee, surplus line insurer, or reinsurer or obtained by the third-party service provider in its investigation of the consumer other than to fulfill the purpose of the contract with the licensee, surplus line insurer, or reinsurer.(e) A licensee, surplus line insurer, reinsurer, or third-party service provider that prepares or requests an investigative consumer report in connection with an insurance claim shall notify the consumer that the consumer may request to be interviewed in connection with the preparation of the investigative consumer report. The licensee, surplus line insurer, reinsurer, or third-party service provider is not required to provide a copy of an investigative report prepared in connection with an insurance claim, and that contains privileged information, unless compelled to do so by a state or federal court.(f) A licensee, surplus line insurer, reinsurer, or third-party service provider shall not prepare or request an investigative consumer report that seeks an individual’s genetic information or full genome.

  amended

• Section 791.11 of the Insurance Code

  SEC. 4.5. Section 791.11 is added to the Insurance Code, to read: 791.11. A licensee, surplus line insurer, reinsurer, or insurance-support organization shall not seek information in connection with an insurance transaction concerning any of the following:(a) A previous adverse underwriting decision experienced by an individual unless the inquiry also requests the reasons for the previous adverse underwriting decision.(b) Any insurance coverage obtained by a consumer through a residual market mechanism, unless the inquiry also requests the reasons for a previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.(c) An individual’s genetic information or full genome, except, unless prohibited by law, an insurance institution, agent, or insurance-support organization may seek genetic information in connection with an insurance transaction if all of the following are true:(1) The genetic information is included in the medical record of the individual, and is not sought from any other source or record.(2) The genetic information is not derived from a direct-to-consumer test.(3) The genetic information is for the purpose of ruling out an adverse finding based on the individual’s medical record and the individual has provided informed, written consent for the release, disclosure, and use of the genetic test results or has provided the genetic test results to the insurer.

  amended

• Section 791.12 of the Insurance Code

  SEC. 5.5. Section 791.12 is added to the Insurance Code, to read: 791.12. A licensee, third-party service provider, surplus line insurer, or reinsurer shall not base an adverse underwriting decision in whole or in part on the following:(a) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, a licensee, third-party service provider, surplus line insurer, or reinsurer may base an adverse underwriting decision on further information obtained from a licensee, third-party service provider, surplus line insurer, or reinsurer responsible for a previous adverse underwriting decision. The further information, if requested, shall create a conclusive presumption that the information is necessary to perform the requesting insurer’s function in connection with an insurance transaction involving the individual and, if reasonably available, shall be furnished the requesting insurer and the individual, if applicable.(b) On personal information received from an insurance-support organization whose primary source of information is licensees. However, a licensee, third-party service provider, surplus line insurer, or reinsurer may base an adverse underwriting decision on further personal information obtained as the result of information received from an insurance-support organization.(c) On the fact that an individual has previously inquired and received information about the scope or nature of coverage under a residential fire or property insurance policy, if the information is received from an insurance-support organization whose primary source of information is licensees and the inquiry did not result in the filing of a claim.(d) On the fact that an accident involving a peace officer, member of the Department of the California Highway Patrol, or firefighter has been reported and the insurer does not retain liability pursuant to Section 488.5 and subdivision (b) of Section 557.5.(e) An individual’s genetic information or full genome, except, unless prohibited by law, an insurance institution or agent may base an underwriting decision in part on genetic information if all of the following are true:(1) The genetic information is included in the medical record of the individual.(2) The genetic information is not derived from a direct-to-consumer test.(3) The genetic information is for the purpose of ruling out an adverse finding based on the individual’s medical record and the individual has provided informed, written consent for the release, disclosure, and use of the genetic test results or has provided the genetic test results to the insurer.

  amended

• Section 10149.1 of the Insurance Code

  SEC. 11.

  amended