AB 1798 restricts genetic information in life and disability underwriting
Oct 11, 2026 edition · GC-2026-0162 · Published 2026-10-11 · Version 3 · Final
AB 1798 restricts specified genetic information in California life and disability insurance decisions and prohibits use or disclosure of a full genome. The September 30 law retains narrowly conditioned medical-record use to rule out an adverse finding, while distinguishing insurance underwriting from clinical genetic testing.
What happened
California chaptered AB 1798 on September 30 as Chapter 897. The amended Insurance Code restricts life and disability insurers from cancelling, limiting, denying, or changing terms based on genetic-characteristic tests and from requesting or using genetic information for insurance purposes, subject to stated exceptions. The article defines disability insurance for this purpose to exclude health insurance, and its scope is therefore not interchangeable with a rule governing ordinary clinical genetic testing or every health-benefit claim. It expressly prohibits using or disclosing an individual's full genome.
The limited genetic-result exception requires authorized access to results already in the medical record, from a test that is not direct to consumer, to rule out an adverse finding, with informed written consent or the individual's provision of results. Separately, section 10148(h) preserves insurance decisions based on a present disease's manifestation, diagnosis, or treatment, including a medical-record diagnosis based on genetic testing. The text also addresses records needed solely to pay benefits or for therapeutic purposes and bars requiring a genetic test or asking whether the person or family were tested. These boundaries do not authorize full-genome use or disclosure.
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
Clinical genetics and insurer relationships must distinguish the specified underwriting rule from general healthcare coverage or clinical testing requirements.
Recommended action
Affected insurance and benefits teams should have counsel reconcile requests, consent and exceptions with the enacted sections.
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 chaptered operative textOfficial · California Legislature · 2026-09-30 · Source review 2026-10-11
- California Constitution, Article IV section 8(c), official Assembly 2023–24 editionOfficial · California State Assembly · Source review 2026-10-14
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