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Cal. Health & Safety Code § 1374.75

Standards

Known as the Knox-Keene Health Care Service Plan Act

The act spans §§ 1340–1399 (617 sections).

Applied in 1 court decision — leading case 167 Cal. App. 4th 658 - Woods v. Horton (2008)

Most recently applied in 167 Cal. App. 4th 658 - Woods v. Horton (October 2008)

Added by Stats. 1995, Ch. 603, Sec. 1

(a) No health care service plan shall deny, refuse to enroll, refuse to renew, cancel, restrict, or otherwise terminate, exclude, or limit coverage, or charge a different rate for the same coverage, on the basis that the applicant or covered person is, has been, or may be a victim of domestic violence.

(b) Nothing in this section shall prevent a health care service plan from underwriting coverage on the basis of the medical condition of an individual so long as the consideration of the condition (1) does not take into account whether such an individual’s medical condition was caused by an act of domestic violence, (2) is the same with respect to an applicant or enrollee who is not the subject of domestic violence as with an applicant or enrollee who is the subject of domestic violence, and (3) does not violate any other act, regulation, or rule of law. The fact that an individual is, has been, or may be the subject of domestic violence shall not be considered a medical condition.

(c) As used in this section, “domestic violence” means domestic violence, as defined in Section 6211 of the Family Code.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.