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State RegulationsCA specificVerified · outline & fact-checked · Sep 2026Difficulty 2/5

Under the California Equal Insurance HIV Act (CIC Section 799), a disability income insurer is prohibited from:

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Answer & full 3-part explanation (select an option above, or peek)

Why A is correct

The Equal Insurance HIV Act (CIC §799) establishes standards preventing life and disability income insurers from making or permitting unfair distinctions between individuals of the same class when underwriting for individuals living with HIV. It also requires informed consent before an insurer tests for HIV and strict confidentiality for personal information obtained through testing. The law reflects modern HIV treatment: with antiretroviral therapy, HIV is a manageable chronic condition, so insurers may not treat it as automatically uninsurable. Because the tested rule is a California-specific disability insurance standard, the question is anchored to AH-IV.2 and marked state=CA.

Why the other options are wrong

  • B) The Act concerns distinctions based on HIV status specifically and does not address other chronic conditions. Insurers may still classify applicants with other chronic illnesses within their normal underwriting rules, so the Act does not prohibit distinctions for non-HIV conditions.
  • C) Underwriting still relies on medical evidence such as health history and examination results. The Act's limits target unfair HIV-based distinctions and testing consent, not the use of medical evidence generally in underwriting.
  • D) Health history questions remain a routine part of disability underwriting. The Act requires informed consent before HIV testing and restricts unfair HIV-based classification, but it does not prohibit insurers from asking applicants about their health history.

Memory hook

HIV rule: same-class fair treatment, informed consent before the needle.

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