Bill Text: NY A01326 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to requiring insurance coverage by every large group policy which provides medical, major medical, or comprehensive-type coverage for pre-exposure prophylaxis and post-exposure prophylaxis to prevent HIV infection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-01 - substituted by s825 [A01326 Detail]

Download: New_York-2023-A01326-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1326

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Insurance

        AN ACT to amend the insurance law,  in  relation  to  applying  coverage
          requirements for pre-exposure prophylaxis and post-exposure prophylax-
          is to prevent HIV infection to every large group policy which provides
          medical,  major medical, or comprehensive-type coverage, and repealing
          certain provisions of such law relating thereto; and to amend a  chap-
          ter of the laws of 2022 amending the insurance law relating to requir-
          ing  insurance coverage for pre-exposure prophylaxis and post-exposure
          prophylaxis to prevent HIV infection, as proposed in legislative bills
          numbers S. 688 and A. 807, in relation to the effectiveness thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  21  of  subsection  (l) of section 3221 of the
     2  insurance law, as added by a chapter of the laws of  2022  amending  the
     3  insurance  law relating to requiring insurance coverage for pre-exposure
     4  prophylaxis and post-exposure prophylaxis to prevent HIV  infection,  as
     5  proposed  in  legislative bills numbers S. 688 and A. 807, is amended to
     6  read as follows:
     7    (21) Every large group policy which provides medical,  major  medical,
     8  or  comprehensive-type  coverage  [for prescription drugs] shall include
     9  coverage for  the  cost  of  pre-exposure  prophylaxis  (PrEP)  for  the
    10  prevention   of   HIV  and  post-exposure  prophylaxis  to  prevent  HIV
    11  infection. Such coverage may be subject to annual deductibles and  coin-
    12  surance  as  may  be deemed appropriate by the superintendent and as are
    13  consistent with those established for  other  benefits  within  a  given
    14  policy,  unless  the  pre-exposure  prophylaxis  (PrEP) or post-exposure
    15  prophylaxis has in effect a rating of 'A' or 'B' in the  current  recom-
    16  mendations of the United States preventive services task force.
    17    § 2. Subsection (ss) of section 4303 of the insurance law, as added by
    18  a  chapter  of  the  laws of 2022 amending the insurance law relating to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04008-01-3
        A. 1326                             2

     1  requiring insurance coverage for pre-exposure prophylaxis and post-expo-
     2  sure prophylaxis to prevent HIV infection, as  proposed  in  legislative
     3  bills numbers S. 688 and A. 807, is amended to read as follows:
     4    [(ss)](tt)  Every  large  group contract issued by a hospital services
     5  corporation or a health services  corporation  which  provides  medical,
     6  major  medical,  or comprehensive-type coverage [for prescription drugs]
     7  shall include coverage for the cost of pre-exposure  prophylaxis  (PrEP)
     8  for  the  prevention of HIV and post-exposure prophylaxis to prevent HIV
     9  infection. Such coverage may be subject to annual deductibles and  coin-
    10  surance  as  may  be deemed appropriate by the superintendent and as are
    11  consistent with those established for  other  benefits  within  a  given
    12  contract,  unless  the  pre-exposure prophylaxis (PrEP) or post-exposure
    13  prophylaxis has in effect a rating of 'A' or 'B' in the  current  recom-
    14  mendations of the United States preventive services task force.
    15    §  3.  Paragraph 36 of subsection (i) of section 3216 of the insurance
    16  law, as added by a chapter of the laws of 2022  amending  the  insurance
    17  law relating to requiring insurance coverage for pre-exposure prophylax-
    18  is  and  post-exposure prophylaxis to prevent HIV infection, as proposed
    19  in legislative bills numbers S. 688 and A. 807, is REPEALED.
    20    § 4. Section 4 of a chapter of the laws of 2022 amending the insurance
    21  law relating to requiring insurance coverage for pre-exposure prophylax-
    22  is and post-exposure prophylaxis to prevent HIV infection,  as  proposed
    23  in  legislative  bills  numbers S. 688 and A. 807, is amended to read as
    24  follows:
    25    § 4. This act shall take effect immediately and  shall  apply  to  all
    26  policies and contracts issued, renewed, modified, altered, or amended on
    27  or after such date.
    28    §  5.  This  act  shall take effect immediately and shall apply to all
    29  policies and contracts issued, renewed, modified, altered, or amended on
    30  or after such date.