S T A T E O F N E W Y O R K
________________________________________________________________________
22
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, AUBRY, DINOWITZ, GOTTFRIED, ENGLE-
BRIGHT, ORTIZ, ARROYO, LAVINE, JEAN-PIERRE, MAGNARELLI, D'URSO, SIMON,
RIVERA, MOSLEY, WILLIAMS, COOK, DAVILA, GLICK -- Multi-Sponsored by --
M. of A. LENTOL -- read once and referred to the Committee on Insur-
ance
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:
Section 1. The insurance law is amended by adding a new section 2617
to read as follows:
§ 2617. DISCRIMINATION BASED ON PREVIOUS OR CURRENT USE OF PRE-EXPO-
SURE PROPHYLAXIS AND POST-EXPOSURE PROPHYLAXIS. (A) NO INDIVIDUAL,
INSURER OR ENTITY SHALL SOLELY BECAUSE A PERSON HAS USED OR IS CURRENTLY
USING PRE-EXPOSURE PROPHYLAXIS FOR THE PREVENTION OF HIV OR POST-EXPO-
SURE PROPHYLAXIS TO PREVENT HIV INFECTION:
(1) REFUSE TO ISSUE OR RENEW, DENY OR CANCEL ANY INSURANCE POLICY OR
CONTRACT;
(2) DEMAND OR REQUIRE A GREATER PREMIUM OR PAYMENT FROM ANY PERSON;
(3) DESIGNATE USE OF PRE-EXPOSURE PROPHYLAXIS FOR THE PREVENTION OF
HIV OR POST-EXPOSURE PROPHYLAXIS TO PREVENT HIV INFECTION AS A PREEXIST-
ING CONDITION, FOR WHICH COVERAGE WILL BE DENIED OR REDUCED;
(4) FIX ANY LOWER RATE OR DISCRIMINATE IN THE FEES OR COMMISSION OF
AGENTS OR BROKERS FOR WRITING OR RENEWING SUCH A POLICY.
(B) THE FACT THAT A PERSON IS OR HAS USED PRE-EXPOSURE PROPHYLAXIS FOR
THE PREVENTION OF HIV AND POST-EXPOSURE PROPHYLAXIS TO PREVENT HIV
INFECTION IS NOT A PERMITTED UNDERWRITING CRITERION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.