NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A807
SPONSOR: O'Donnell TITLE OF BILL:
An act to amend the insurance law, in relation to requiring insurance
coverage for pre-exposure prophylaxis and post-exposure prophylaxis to
prevent HIV infection
PURPOSE:
To require that any insurance policy that provides coverage for
prescription drugs must include coverage for the cost of pre and post-
exposure prophylaxis for.the purposes of HIV prevention.
SUMMARY OF PROVISIONS:
Section 1 amends subsection (i) of section 3216 of the insurance law by
adding a new paragraph 36.
Section 2 amends subsection 1 of section 3221 of the insurance law by
adding a new paragraph 21.
Section 3 amends section 4303 of the insurance law by adding a new
subsection (ss).
Section 4 establishes the effective date.
DIFFERENCE BETWEEN AMENDED AND ORIGINAL VERSION:
Renumbers amended paragraph number in Section 1 of the bill from 35 to
36 to reflect previous changes to Section 3216 of the insurance, law.
JUSTIFICATION:
Pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP) are
two important tools for preventing the spread of HIV. According to the
Centers for Disease Control, PrEP has been shown to reduce the risk of
.HIV infection in people at high risk of contracting HIV by up to 92%
when taken consistently. PEP regimens are antiretroviral drugs taken to
stop the spread of HIV after a single high-risk event. PEP can be used
to treat health care workers who have been exposed to the blood or body
fluids of HIV-positive patients, as well as people who have been exposed
to HIV through unprotected sex, needle sharing, or sexual assault.
Allowing access to PrEP and PEP is an important part of the fight to end
the AIDS epidemic in New York. This legislation would ensure that insur-
ance policies covering prescription drugs include coverage for PrEP and
PEP.
PRIOR LEGISLATIVE HISTORY:
A.7153-A (2017-18)
A.4962 (2019-20)
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
807
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. O'DONNELL, BRONSON, DE LA ROSA, CRUZ, FERNANDEZ,
D. ROSENTHAL, JACOBSON -- read once and referred to the Committee on
Insurance
AN ACT to amend the insurance law, in relation to requiring insurance
coverage for pre-exposure prophylaxis and post-exposure prophylaxis to
prevent HIV infection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (i) of section 3216 of the insurance law is
2 amended by adding a new paragraph 36 to read as follows:
3 (36) Every policy which provides coverage for prescription drugs shall
4 include coverage for the cost of pre-exposure prophylaxis (PrEP) for the
5 prevention of HIV and post-exposure prophylaxis to prevent HIV
6 infection.
7 § 2. Subsection (l) of section 3221 of the insurance law is amended by
8 adding a new paragraph 21 to read as follows:
9 (21) Every policy which provides coverage for prescription drugs shall
10 include coverage for the cost of pre-exposure prophylaxis (PrEP) for the
11 prevention of HIV and post-exposure prophylaxis to prevent HIV
12 infection.
13 § 3. Section 4303 of the insurance law is amended by adding a new
14 subsection (ss) to read as follows:
15 (ss) Every contract issued by a hospital services corporation or a
16 health services corporation which provides coverage for prescription
17 drugs shall include coverage for the cost of pre-exposure prophylaxis
18 (PrEP) for the prevention of HIV and post-exposure prophylaxis to
19 prevent HIV infection.
20 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05706-01-1
