Assembly Bill A1732

2021-2022 Legislative Session

Relates to prohibiting health insurers from requiring prior authorization for pre-exposure prophylaxis used to prevent HIV infection

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A1732 (ACTIVE) - Details

See Senate Version of this Bill:
S836
Current Committee:
Assembly Insurance
Law Section:
Public Health Law
Laws Affected:
Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7281, S6779
2023-2024: A6059, S3227

2021-A1732 (ACTIVE) - Summary

Prohibits health insurers, health care plans and HMOs from requiring prior authorization for pre-exposure prophylaxis used to prevent HIV infection.

2021-A1732 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1732
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced   by  M.  of  A.  GOTTFRIED,  BRONSON,  COLTON,  COOK,  CRUZ,
   DE LA ROSA, GLICK, GUNTHER, GRIFFIN, HEVESI, McDONOUGH,  NIOU,  REYES,
   SAYEGH,  SCHMITT, SEAWRIGHT, SIMON, TAYLOR, THIELE, WOERNER, MAGNAREL-
   LI, FERNANDEZ, D. ROSENTHAL, JACOBSON, HUNTER -- Multi-Sponsored by --
   M. of A. GALEF, NOLAN -- read once and referred to  the  Committee  on
   Insurance
 
 AN ACT to amend the public health law and the insurance law, in relation
   to  prohibiting health insurers from requiring prior authorization for
   pre-exposure prophylaxis used to prevent HIV infection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  4406-c  of  the  public health law is amended by
 adding a new subdivision 11 to read as follows:
   11. A HEALTH CARE PLAN WHICH PROVIDES PRESCRIPTION DRUG COVERAGE SHALL
 NOT REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHY-
 LAXIS USED TO PREVENT HIV INFECTION. NOTHING IN THIS  SUBDIVISION  SHALL
 PROHIBIT  A  HEALTH  CARE PLAN FROM DENYING A CLAIM FOR SUCH SERVICES IF
 THE SERVICES ARE SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   § 2. Section 3217-b of the insurance law is amended by  adding  a  new
 subsection (m) to read as follows:
   (M)  AN  INSURER  WHICH  PROVIDES PRESCRIPTION DRUG COVERAGE SHALL NOT
 REQUIRE A PRIOR AUTHORIZATION DETERMINATION FOR PRE-EXPOSURE PROPHYLAXIS
 USED TO PREVENT HIV INFECTION. NOTHING IN THIS SUBSECTION SHALL PROHIBIT
 AN INSURER FROM DENYING A CLAIM FOR SUCH SERVICES IF  THE  SERVICES  ARE
 SUBSEQUENTLY DETERMINED NOT MEDICALLY NECESSARY.
   §  3.  Section  4325  of  the insurance law is amended by adding a new
 subsection (n) to read as follows:
   (N)  A  CORPORATION  ORGANIZED  UNDER  THIS  ARTICLE  WHICH   PROVIDES
 PRESCRIPTION  DRUG  COVERAGE  SHALL  NOT  REQUIRE  A PRIOR AUTHORIZATION
 DETERMINATION  FOR  PRE-EXPOSURE  PROPHYLAXIS  USED   TO   PREVENT   HIV
 INFECTION.  NOTHING  IN  THIS  SUBSECTION  SHALL  PROHIBIT A CORPORATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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