Bill Text: NY A00042 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-01-03 - referred to insurance [A00042 Detail]

Download: New_York-2023-A00042-Introduced.html

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                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