Relates to prohibiting insurance companies from denying coverage for individuals that have taken or are currently taking pre-exposure prophylaxis for the prevention of HIV or post-exposure prophylaxis to prevent HIV infection.
STATE OF NEW YORK
________________________________________________________________________
22
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, AUBRY, DINOWITZ, GOTTFRIED, ENGLE-
BRIGHT, ORTIZ, ARROYO, LAVINE, JEAN-PIERRE, MAGNARELLI, D'URSO, SIMON,
RIVERA, MOSLEY, WILLIAMS, COOK, DAVILA, GLICK -- Multi-Sponsored by --
M. of A. LENTOL -- read once and referred to the Committee on Insur-
ance
AN ACT to amend the insurance law, in relation to prohibiting insurance
companies from denying coverage for individuals that have taken or are
currently taking pre-exposure prophylaxis or post-exposure prophylaxis
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 2617
2 to read as follows:
3 § 2617. Discrimination based on previous or current use of pre-expo-
4 sure prophylaxis and post-exposure prophylaxis. (a) No individual,
5 insurer or entity shall solely because a person has used or is currently
6 using pre-exposure prophylaxis for the prevention of HIV or post-expo-
7 sure prophylaxis to prevent HIV infection:
8 (1) refuse to issue or renew, deny or cancel any insurance policy or
9 contract;
10 (2) demand or require a greater premium or payment from any person;
11 (3) designate use of pre-exposure prophylaxis for the prevention of
12 HIV or post-exposure prophylaxis to prevent HIV infection as a preexist-
13 ing condition, for which coverage will be denied or reduced;
14 (4) fix any lower rate or discriminate in the fees or commission of
15 agents or brokers for writing or renewing such a policy.
16 (b) The fact that a person is or has used pre-exposure prophylaxis for
17 the prevention of HIV and post-exposure prophylaxis to prevent HIV
18 infection is not a permitted underwriting criterion.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01863-01-9
