Senate Bill S7992

2019-2020 Legislative Session

Relates to prohibiting insurance companies from requiring individuals to disclose if such individual has been diagnosed with an HIV infection prior to issuing life insurance

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S7992 (ACTIVE) - Details

See Assembly Version of this Bill:
A9552
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§4224 & 2611, Ins L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5895
2023-2024: S7951

2019-S7992 (ACTIVE) - Summary

Relates to prohibiting insurance companies from requiring an individual to disclose if such individual has been diagnosed with an HIV infection or HIV-related illness or require such individual to submit to an HIV-related test prior to issuing or renewing a life insurance policy for such individual.

2019-S7992 (ACTIVE) - Sponsor Memo

2019-S7992 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7992
 
                             I N  S E N A T E
 
                               March 6, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  insurance
   companies  from  requiring  individuals to disclose if such individual
   has been diagnosed with an HIV infection prior to issuing life  insur-
   ance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs 2 and 3 of subsection (a) of section 4224 of the
 insurance law, paragraph 2 as amended by chapter 713 of the laws of 1994
 and paragraph 3 as amended by chapter  13  of  the  laws  of  2002,  are
 amended and a new paragraph 4 is added to read as follows:
   (2)  refuse  to  insure,  refuse  to  continue  to insure or limit the
 amount, extent or kind of coverage available to an individual, or charge
 a different rate for the same coverage solely because of the physical or
 mental disability, impairment or disease, or prior history  thereof,  of
 the  insured  or potential insured, except where the refusal, limitation
 or rate differential is permitted by law or regulation and is  based  on
 sound  actuarial principles or is related to actual or reasonably antic-
 ipated experience, in which case the insurer[, subject  to  the  limita-
 tions  contained  in section twenty-six hundred eleven of this chapter,]
 shall notify the insured or potential insured of the right  to  receive,
 or  to  designate a medical professional to receive, the specific reason
 or reasons for such refusal, limitation or rate differential;
   (3) knowingly permit, and no agent thereof and no  licensed  insurance
 broker  shall  offer  to  make  or make, any policy of life insurance or
 annuity contract or agreement as to such policy or contract  other  than
 as plainly expressed in the policy or contract[.];
   (4)  REQUIRE  AN  INDIVIDUAL  TO  DISCLOSE IF SUCH INDIVIDUAL HAS BEEN
 DIAGNOSED WITH AN HIV INFECTION OR HIV-RELATED ILLNESS OR  REQUIRE  SUCH
 INDIVIDUAL  TO  SUBMIT TO AN HIV-RELATED TEST, PURSUANT TO SECTION TWEN-
 TY-SIX HUNDRED ELEVEN OF THIS CHAPTER, PRIOR TO ISSUING  OR  RENEWING  A
 LIFE  INSURANCE  POLICY  FOR SUCH INDIVIDUAL. AS USED IN THIS PARAGRAPH,
 THE  FOLLOWING  TERMS  SHALL  HAVE  THE  FOLLOWING  MEANINGS:  (I)  "HIV
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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