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Section 1389.1 Of Article 7.5. Underwriting Practices From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 7.5.
1389.1
. (a) The director shall not approve any plan contract unless
the director finds that the application conforms to both of the
following requirements:
(1) All applications for coverage which include health-related questions shall contain clear and unambiguous questions designed to ascertain the health condition or history of the applicant.
(2) The application questions related to an applicant's health shall be based on medical information that is reasonable and necessary for medical underwriting purposes. The application shall include a prominently displayed notice that shall read: "California law prohibits an HIV test from being required or used by health care service plans as a condition of obtaining coverage."
(b) Nothing in this section shall authorize the director to establish or require a single or standard application form for application questions.
(1) All applications for coverage which include health-related questions shall contain clear and unambiguous questions designed to ascertain the health condition or history of the applicant.
(2) The application questions related to an applicant's health shall be based on medical information that is reasonable and necessary for medical underwriting purposes. The application shall include a prominently displayed notice that shall read: "California law prohibits an HIV test from being required or used by health care service plans as a condition of obtaining coverage."
(b) Nothing in this section shall authorize the director to establish or require a single or standard application form for application questions.
