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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8144--A

                    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  --  committee
          discharged, bill amended, 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 tested positive for  HIV  or  who  were
          prescribed  preexposure prophylaxis 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. 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 tested positive for HIV or was prescribed  preexposure
     9  prophylaxis  medication  to  prevent  HIV  infection,  except  where the
    10  refusal, limitation or rate differential is permitted by  law  or  regu-
    11  lation and is based on sound actuarial principles or is related to actu-
    12  al  or  reasonably  anticipated  experience,  in which case the insurer,
    13  subject to the limitations contained in section two thousand six hundred
    14  eleven of this chapter, shall notify the insured or potential insured of
    15  the right to receive, or to designate a medical professional to receive,
    16  the specific reason or reasons for  such  refusal,  limitation  or  rate
    17  differential;
    18    (4)  knowingly  permit, and no agent thereof and no licensed insurance
    19  broker shall offer to make or make, any  policy  of  life  insurance  or
    20  annuity  contract  or agreement as to such policy or contract other than
    21  as plainly expressed in the policy or contract.
    22    (3) refuse to insure, refuse  to  continue  to  insure  or  limit  the
    23  amount, extent or kind of coverage available to an individual, or charge
    24  a  different  rate  for  the same coverage solely because the insured or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13530-02-4
        S. 8144--A                          2

     1  potential insured tested positive for HIV or was prescribed  preexposure
     2  prophylaxis  medication  to  prevent  HIV  infection,  except  where the
     3  refusal, limitation or rate differential is permitted by  law  or  regu-
     4  lation and is based on sound actuarial principles or is related to actu-
     5  al  or  reasonably  anticipated  experience,  in which case the insurer,
     6  subject to the limitations contained in section two thousand six hundred
     7  eleven of this chapter, shall notify the insured or potential insured of
     8  the right to receive, or to designate a medical professional to receive,
     9  the specific reason or reasons for  such  refusal,  limitation  or  rate
    10  differential;
    11    (4)  knowingly permit or offer to make or make, any policy of accident
    12  and health insurance, other than as plainly expressed in the policy.
    13    § 2. This act shall take effect immediately.