Prohibits discrimination against individuals who were prescribed pre-exposure prophylaxis medication for HIV prevention with respect to life, accident, and health insurance coverage.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8834B
SPONSOR: Weprin TITLE OF BILL:
An act to amend the insurance law, in relation to prohibiting discrimi-
nation against individuals who were prescribed pre-exposure prophylaxis
medication for HIV prevention with respect to life, accident, and health
insurance coverage
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that individuals prescribed pre-
exposure prophylaxis medication for HIV prevention with respect to life,
accident, and health insurance coverage are not discriminated against.
SUMMARY OF PROVISIONS:
This bill would prohibit an insurer from refusing to insure, refusing to
continue to insure or limiting the amount, extent or kind of coverage
available to an individual or charging a different rate for the same
coverage solely because the insured or potential insured was prescribed
pre-exposure prophylaxis (PrEP) medication for the prevention of HIV
infection.
JUSTIFICATION:
Circular Letter No. 8 of 2018 directed insurers to not unfairly discrim-
inate in their underwriting or rate setting based on an insurance appli-
cant's use of HIV prevention strategies, such as PrEP. This letter was
published by DFS following reports it received that some insurers were
denying applications for life insurance, disability income insurance, or
long-term care insurance if an applicant used PrEP. DFS then commenced
an investigation of insurers' underwriting guidelines and practices in
New York related to HIV prevention strategies, such as the use of PrEP
to reduce the risk of contracting HIV infection. Specifically, the DFS
examined underwriting guidelines and practices where a consumer applies
for life insurance, disability income insurance, or long-term care
insurance and the applicant is engaging in or has engaged in an HIV
prevention strategy, such as PrEP. DFS concluded that adverse underwrit-
ing decisions based solely on an applicant's use of PrEP violated Insur-
ance Law section 4224(a)(1), which prohibits a life insurer from making
or permitting any unfair discrimination between individuals of the same
class and of equal expectation of life.
This bill would codify this circular letter and clarify under the Insur-
ance Law that an insurer may not refuse to insure, refuse to continue to
insure or limit the amount, extent or kind of coverage available to an
individual or charge a different rate for the same coverage solely
because the insured or potential insured was prescribed pre-exposure
prophylaxis (PrEP) medication for the prevention of HIV infection.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8834--B
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Insurance -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the insurance law, in relation to prohibiting discrimi-
nation against individuals who were prescribed pre-exposure prophylax-
is medication for HIV prevention with respect to life, accident, and
health insurance coverage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subsection (a) of section 4224 of the insur-
2 ance law is renumbered paragraph 4 and a new paragraph 3 is added to
3 read as follows:
4 (3) refuse to insure, refuse to continue to insure or limit the
5 amount, extent or kind of coverage available to an individual, or charge
6 a different rate for the same coverage solely because the insured or
7 potential insured was prescribed pre-exposure prophylaxis (PrEP) medica-
8 tion for the prevention of HIV infection;
9 § 2. Paragraph 3 of subsection (b) of section 4224 of the insurance
10 law is renumbered paragraph 4 and a new paragraph 3 is added to read as
11 follows:
12 (3) refuse to insure, refuse to continue to insure or limit the
13 amount, extent or kind of coverage available to an individual, or charge
14 a different rate for the same coverage solely because the insured or
15 potential insured was prescribed pre-exposure prophylaxis (PrEP) medica-
16 tion for the prevention of HIV infection;
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13530-06-4
