A08834 Summary:
BILL NO | A08834B |
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SAME AS | SAME AS S08144-C |
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SPONSOR | Weprin |
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COSPNSR | |
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MLTSPNSR | |
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Amd 4224, Ins L | |
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Prohibits discrimination against individuals who were prescribed pre-exposure prophylaxis medication for HIV prevention with respect to life, accident, and health insurance coverage. |
A08834 Memo:
Go to topNEW 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.
A08834 Text:
Go to top 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