AB 1798 restricts genetic information in life and disability underwriting
Oct 4, 2026 edition · GC-2026-0162 · Published 2026-10-04 · Version 2 · Final
AB 1798 restricts genetic testing and genetic-information use in life and disability insurance, including full-genome disclosure. The enacted text preserves narrow favorable-underwriting and therapeutic or benefit-payment exceptions and distinguishes genetic risk information from an existing diagnosis or manifested disease.
What happened
California enacted AB 1798 on September 30 to change genetic-information protections in life and disability insurance. Amended Insurance Code section 10148 prohibits adverse coverage, premium, terms and underwriting decisions based on a test for a genetic characteristic, requires that people not be compelled to undergo genetic testing for insurance purposes, and prohibits questions about whether a person or family member has taken a genetic test or its result. The statute also restricts requesting, soliciting or using genetic information and considering decisions about testing. The article’s disability-insurance definition excludes health insurance; this is not a description of general clinical testing requirements or all healthcare coverage. The enactment is the event reported here; the applicable commencement of these provisions must be confirmed separately.
The narrow underwriting exception requires results already in the medical record, authorized access to that record, a test other than a direct-to-consumer test, and use to rule out an adverse finding, with informed written consent or results supplied by the individual. Specified restrictions also except records necessary solely for benefit payment or a therapeutic purpose. The law does not prohibit ordinary access to an application’s medical record, consideration of a medical diagnosis even if based on genetic testing, or decisions based on a manifested, diagnosed or treated present disease. The article prohibits use or disclosure of an individual’s full genome. Its definition of genetic information excludes routine examinations, ordinary chemical, blood or urine analysis unless performed purposefully for genetic information, and family-history questions.
Scope and timing
- Authority status
- Final
- Applicability
- Operationally relevant
- Audience
- Health systems, Provider networks
- Jurisdiction
- California
- Recorded date
- 2027-01-01
- Date type
- effective
Why it matters
The distinction between asymptomatic genetic risk and an existing diagnosis affects what an insurer may request and how a provider responds. Broad access to a medical record does not itself authorize prohibited genetic underwriting. Conversely, describing the law as a ban on all medical underwriting would overstate it.
Recommended action
Confirm the applicable commencement before treating the new provisions as current duties. Prepare the following for implementation at that commencement: Have affected insurance and benefits teams review application questions, authorizations and underwriting uses against the final definitions and exceptions. Route genetic-record requests through a process that identifies the insurer, requested information, purpose and consent basis. Keep full-genome information and direct-to-consumer test results distinct from a documented current diagnosis.
Sources
- Governor signs landmark consumer protection package backed by Commissioner LaraOfficial · California Department of Insurance · 2026-09-30 · Source review 2026-10-04
- Governor Newsom issues legislative update 9.30.2026Official · Office of the Governor · 2026-09-30 · Source review 2026-10-04
- AB1798 enacted final textOfficial · California Legislature · 2026-09-30 · Source review 2026-10-05
Complete edition and supplemental material
This finding in the complete approved report →Regulatory horizons, CIA trends and implementation trackers remain in the full report.
Read the entire Compliance Sweep report →