AB 1502: Health Care Discrimination

On February 17, 2023, Assembly Bill 1502 by Assemblywoman Pilar Schiavo (D-Chatsworth) was introduced to address discrimination in health care matters. AB 1502 would add Section 1367.044 to the Health and Safety Code and Section 10140.3 to the Insurance Code.

Section 1 of the bill would add Health and Safety Code Section 1367.044 to prohibit a health care service plan from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. However, this new section of law would not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.

Section 2 of the bill would add Insurance Code Section 10140.3 to prohibit a health insurer from discriminating on the basis of race, color, national origin, sex, age, or disability through the use of clinical algorithms in its decisionmaking. However, this new section of law would not prohibit the use of clinical algorithms that rely on variables to appropriately make decisions, including to identify, evaluate, and address health disparities.