BILL NUMBER: SB 200	CHAPTERED  09/17/03

	CHAPTER  408
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE SENATE  SEPTEMBER 2, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	AMENDED IN ASSEMBLY  JULY 6, 2003
	AMENDED IN SENATE  APRIL 8, 2003
	AMENDED IN SENATE  MARCH 25, 2003

INTRODUCED BY   Senator Murray

                        FEBRUARY 13, 2003

   An act to add and repeal Section 10233.1 of the Insurance Code,
relating to long-term care insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 200, Murray.  Long-term care insurance:  genetic testing.
   Existing law provides for the regulation of long-term care
insurance by the Insurance Commissioner and the assessment of
administrative penalties for the violation of these provisions.
   This bill would prohibit, until January 1, 2008, a long-term care
insurer from requiring testing for the presence of a genetic
characteristic for insurability or underwriting purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 10233.1 is added to the Insurance Code, to
read:
   10233.1.  (a) On or after January 1, 2004, no long-term care
insurer may require testing of an applicant on a voluntary or
involuntary basis for the presence of a genetic characteristic for
underwriting purposes or for the purpose of determining insurability.

   (b) For the purposes of this section, a "genetic characteristic"
means any scientifically or medically identifiable gene or
chromosome, or alteration thereof, that is known to be a cause of a
disease or disorder, or that is determined to be associated with a
statistically increased risk of development of a disease or disorder,
and that is presently not associated with any symptoms of any
disease or disorder.
   (c) For the purposes of this section, "testing for the presence of
a genetic characteristic" means a laboratory test that is generally
accepted in the scientific and medical communities for the
determination of the presence or absence of a genetic characteristic.

   (d) Nothing in this section shall prevent a long-term care insurer
from conducting routine clinical physical examinations such as
chemical, blood, or urine analyses, tests for unlawful drug use, or
tests related to an existing disease, disorder, or pathological
condition if these examinations are not used to conduct genetic
testing.
   (e) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.