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A1366
ASSEMBLY, No. 1366
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
���� Prohibits unfair discrimination in issuing or rating
life insurance policies based on transgender status or certain gender identity
information.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning life insurance policies and amending
N.J.S.17B:30-12.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.17B:30-12 is
amended to read as follows:
���� 17B:30-12.��� a.�� No person
shall discriminate against any person or group of persons because of race,
creed, color, national origin or ancestry of such person or group of persons in
the issuance, withholding, extension or renewal of any policy of life or health
insurance or annuity or in the fixing of the rates, terms or conditions
therefor, or in the issuance or acceptance of any application therefor.
���� b.��� No person shall use any
form of policy of life or health insurance or contract of annuity which
expresses, directly or indirectly, any limitation, or discrimination as to
race, creed, color, national origin or ancestry or any intent to make any such
limitation or discrimination.
���� c.���� No person shall make or
permit any unfair discrimination between individuals of the same class and
equal expectation of life in the rates charged for any policy of life insurance
or contract of annuity or in the dividends or other benefits payable thereon,
or in any other of the terms and conditions of such policy of life insurance or
contract of annuity.
���� d.��� No person shall make or
permit any unfair discrimination between individuals of the same class and of
essentially the same hazard in the amount of premium, policy fees, or rates
charged for any policy or contract of health insurance or in the benefits payable
thereunder, or in any of the terms or conditions of such policy or contract, or
in any other manner whatever.
���� e.���� (1)���� No person shall
discriminate against any individual on the basis of genetic information or the
refusal to submit to a genetic test or make available the results of a genetic
test to the person in the issuance, withholding, extension or renewal of any
hospital confinement or other supplemental limited benefit insurance, as
defined by regulation of the commissioner, or in the fixing of the rates, terms
or conditions therefor, or in the issuance or acceptance of any application
therefor.
���� (2)�� As used in this
subsection and subsection f. of this section:
���� "Genetic
characteristic" means any inherited gene or chromosome, or alteration
thereof, that is scientifically or medically believed to predispose an
individual to a disease, disorder or syndrome, or to be associated with a
statistically significant increased risk of development of a disease, disorder
or syndrome.
���� "Genetic
information" means the information about genes, gene products or inherited
characteristics that may derive from an individual or family member.
���� "Genetic test" means
a test for determining the presence or absence of an inherited genetic
characteristic in an individual, including tests of nucleic acids such as DNA,
RNA and mitochondrial DNA, chromosomes or proteins in order to identify a
predisposing genetic characteristic.
���� f.���� No person shall make or
permit any unfair discrimination against an individual in the application of
the results of a genetic test or genetic information in the issuance,
withholding, extension or renewal of a policy of life insurance, including
credit life insurance, an annuity, disability income insurance contract or
credit accident insurance coverage.� If the commissioner has reason to believe
that such unfair discrimination has occurred, including that application of the
results of a genetic test is not reasonably related to anticipated claim
experience, and that a proceeding by the commissioner would be in the interest
of the public, the commissioner shall, in accordance with the provisions of
N.J.S.17B:30-1 et seq., issue and serve upon the insurer a statement of the
charges.� Upon a determination that the practice or act of the insurer is in
conflict with the provisions of this subsection, the commissioner shall issue
an order requiring the insurer to cease and desist from engaging in the
practice or act and may order payment of a penalty consistent with the
provisions of N.J.S.17B:30-1 et seq.
���� If, in the issuance,
withholding, extension or renewal of any policy of life insurance, including
credit life insurance, an annuity, disability income insurance contract or
credit accident insurance coverage, an insurer will use the results of a
genetic test in compliance with this subsection, the insurer shall notify the
individual who is the subject of the genetic test that such a test shall be
required and shall obtain the individual's written informed consent for the
test prior to the administration of the test, in accordance with the
requirements of P.L.1985, c.179 (C.17:23A-1 et seq.).� The insurer shall also
provide that the physician or other health care professional designated by the
individual shall promptly receive a copy of the results of the test and, if
required, an interpretation of the test results by a qualified professional,
and that the individual shall state in writing whether the individual elects to
be informed of the results of the test.
���� g.��� No person shall make or
permit any unfair discrimination against any individual on the basis of the
individual's intent to engage in future lawful foreign travel in the issuance,
extension or renewal of any policy of life insurance or in the fixing of the
rates, terms or conditions therefor.� For purposes of this subsection,
"unfair discrimination" means any decision to issue, extend, or renew
a policy of life insurance or the fixing of rates, terms, or conditions of a
life insurance policy, on the basis of the individual's intent to engage in
future lawful foreign travel, which is not based on sound actuarial principles
or actual or reasonably anticipated experience.
���� h.���
No person shall make
or permit any unfair discrimination in the issuance, extension, or renewal of a
life insurance policy or in the fixing of the rates, terms, or conditions of a
life insurance policy, against an individual on the basis of:
����
(1)�� an individual�s
transgender status, including a diagnosis of gender dysphoria and any related
medical treatments; or
����
(2)�� any apparent
incongruence between the individual�s gender identity and the individual�s sex
assigned at birth, or the gender designated in the individual�s insurance
application or records or other identification documents.
����
i.
���� Nothing
contained in this section shall be construed to require any agent or company to
take or receive the application for insurance or annuity of any person or to
issue a policy of insurance or contract of annuity to any person.
(cf: P.L.2008, c.4 s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the law
concerning unfair discrimination in the issuance, extension or renewal of life
insurance policies or in the fixing of the rates, terms, or conditions of a
life insurance policy, to prohibit such discrimination against individuals based
on:
���� (1)�� an individual�s
transgender status, including a diagnosis of gender dysphoria and any related
medical treatments; or
���� (2)�� any apparent
incongruence between the individual�s gender identity and the individual�s sex
assigned at birth, or the gender designated in the individual�s insurance
application or records or other identification documents.