State RegulationsCA specific✓ Verified · outline & fact-checked · Sep 2026Difficulty 2/5
In California, an insurer may NOT use which of the following as a basis for declining or rating a health insurance application?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
California law prohibits insurers from using genetic characteristics and genetic test results to discriminate in underwriting (CIC Sections 10146 and 10147(b)) and from unfairly treating HIV status (CIC Section 799). These protections mean an applicant cannot be declined or surcharged based on genetic predispositions. Traditional underwriting factors such as age, medical history, and tobacco use remain legitimate criteria for classifying risk.
Why the other options are wrong
- B) Age is a traditional, permitted rating factor in health underwriting.
- C) Tobacco use is a valid underwriting factor that insurers may use to charge higher premiums.
- D) Medical history and preexisting conditions are legitimate considerations used to classify an applicant's risk.
Memory hook
Your DNA is off-limits; your habits are fair game. Genes are protected, smoking is not.