Aubry, Cook, Davila, Dinowitz, Glick, Jean-Pierre, Lavine, Magnarelli, Simon
MLTSPNSR
Add §2618, Ins L
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
________________________________________________________________________
42
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, AUBRY, COOK, DAVILA, DINOWITZ,
GLICK, JEAN-PIERRE, LAVINE, MAGNARELLI, SIMON -- read once and
referred to the Committee on Insurance
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 2618
2 to read as follows:
3 § 2618. 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.
LBD00011-01-3
