Under CIC §10146, before a California disability income insurer underwrites a policy based on a test of an applicant's genetic characteristics, it must:
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
CIC §10146 states the article's purposes: to establish standards preventing unfair discrimination among individuals of the same class in life or disability income underwriting based on tests of genetic characteristics; to require strict confidentiality of personal information obtained through such tests; and to require informed consent before insurers underwrite on the basis of a genetic-characteristics test. Genetic characteristics, defined in §10147(b), are identifiable genes or chromosome alterations known to cause or to be statistically associated with increased risk of disease, with no current symptoms. The article is the exclusive rule governing insurers' practices with genetic information, so consent, nondiscrimination, and confidentiality all apply.
Why the other options are wrong
- B) Employer disclosure would violate the strict confidentiality that CIC §10146 requires for personal information obtained through genetic testing. The statute protects genetic information from being shared beyond the insurer's authorized underwriting use.
- C) CIC §10146 does not create a filing requirement with the Department of Insurance. The statute's requirements are informed consent, confidentiality, and prohibitions on unfair discrimination among individuals of the same class in underwriting.
- D) Informed consent, not a court order, is the statutory gate for underwriting based on genetic tests. CIC §10146 requires consent before the insurer underwrites on the basis of a genetic-characteristics test; no judicial authorization is required.
Memory hook
Genetic tests in underwriting need consent, secrecy, and no same-class discrimination.