S T A T E O F N E W Y O R K
________________________________________________________________________
42
2023-2024 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL, AUBRY, COOK, DAVILA, DINOWITZ,
GLICK, JEAN-PIERRE, LAVINE, MAGNARELLI, SIMON -- read once and
referred to the Committee on Insurance
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 2618
to read as follows:
§ 2618. 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.
LBD00011-01-3