Bill Text: NY S08144 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits discrimination against individuals who were prescribed pre-exposure prophylaxis medication for HIV prevention with respect to life, accident, and health insurance coverage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-04 - SUBSTITUTED BY A8834B [S08144 Detail]

Download: New_York-2023-S08144-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8144

                    IN SENATE

                                     January 9, 2024
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Insurance

        AN ACT to amend the insurance law, in relation to prohibiting  discrimi-
          nation  against individuals prescribed preexposure prophylaxis medica-
          tion 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. Paragraphs 3 of subsections (a) and (b) of section 4224  of
     2  the  insurance  law, paragraph 3 of subsection (a) as amended by chapter
     3  13 of the laws of 2002 and paragraph 3 of subsection (b) as  amended  by
     4  chapter 713 of the laws of 1994, are amended to read as follows:
     5    (3)  refuse  to  insure,  refuse  to  continue  to insure or limit the
     6  amount, extent or kind of coverage available to an individual, or charge
     7  a different rate for the same coverage solely because,  the  insured  or
     8  potential  insured  was prescribed preexposure prophylaxis medication to
     9  prevent HIV infection, except where  the  refusal,  limitation  or  rate
    10  differential  is  permitted  by  law or regulation and is based on sound
    11  actuarial principles or is related to actual or  reasonably  anticipated
    12  experience,  in  which  case  the  insurer,  subject  to the limitations
    13  contained in section two thousand six hundred eleven  of  this  chapter,
    14  shall  notify  the insured or potential insured of the right to receive,
    15  or to designate a medical professional to receive, the  specific  reason
    16  or reasons for such refusal, limitation or rate differential;
    17    (4)  knowingly  permit, and no agent thereof and no licensed insurance
    18  broker shall offer to make or make, any  policy  of  life  insurance  or
    19  annuity  contract  or agreement as to such policy or contract other than
    20  as plainly expressed in the policy or contract.
    21    (3) refuse to insure, refuse  to  continue  to  insure  or  limit  the
    22  amount, extent or kind of coverage available to an individual, or charge
    23  a  different  rate  for  the same coverage solely because the insured or
    24  potentially insured was prescribed preexposure prophylaxis medication to
    25  prevent HIV infection, except where  the  refusal,  limitation  or  rate
    26  differential  is  permitted  by  law or regulation and is based on sound

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13530-01-3
        S. 8144                             2

     1  actuarial principles or is related to actual or  reasonably  anticipated
     2  experience,  in  which  case  the  insurer,  subject  to the limitations
     3  contained in section two thousand six hundred eleven  of  this  chapter,
     4  shall  notify  the insured or potential insured of the right to receive,
     5  or to designate a medical professional to receive, the  specific  reason
     6  or reasons for such refusal, limitation or rate differential;
     7    (4)  knowingly permit or offer to make or make, any policy of accident
     8  and health insurance, other than as plainly expressed in the policy.
     9    § 2. This act shall take effect immediately.