S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8834
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Insurance
 
 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:
 
   Section  1. Paragraphs 3 of subsections (a) and (b) of section 4224 of
 the insurance law, paragraph 3 of subsection (a) as amended  by  chapter
 13  of  the laws of 2002 and paragraph 3 of subsection (b) as amended by
 chapter 713 of the laws of 1994, are amended to read as follows:
   (3) 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, THE INSURED OR
 POTENTIAL INSURED TESTED POSITIVE FOR HIV OR WAS PRESCRIBED  PREEXPOSURE
 PROPHYLAXIS  MEDICATION  TO  PREVENT  HIV  INFECTION,  EXCEPT  WHERE THE
 REFUSAL, LIMITATION OR RATE DIFFERENTIAL IS PERMITTED BY  LAW  OR  REGU-
 LATION AND IS BASED ON SOUND ACTUARIAL PRINCIPLES OR IS RELATED TO ACTU-
 AL  OR  REASONABLY  ANTICIPATED  EXPERIENCE,  IN WHICH CASE THE INSURER,
 SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION TWO THOUSAND 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;
   (4)  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.
   (3) 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 THE INSURED OR
 POTENTIAL INSURED TESTED POSITIVE FOR HIV OR WAS PRESCRIBED  PREEXPOSURE
 PROPHYLAXIS  MEDICATION  TO  PREVENT  HIV  INFECTION,  EXCEPT  WHERE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13530-03-4
 A. 8834                             2
 
 REFUSAL, LIMITATION OR RATE DIFFERENTIAL IS PERMITTED BY  LAW  OR  REGU-
 LATION AND IS BASED ON SOUND ACTUARIAL PRINCIPLES OR IS RELATED TO ACTU-
 AL  OR  REASONABLY  ANTICIPATED  EXPERIENCE,  IN WHICH CASE THE INSURER,
 SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION TWO THOUSAND 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;
   (4) knowingly permit or offer to make or make, any policy of  accident
 and health insurance, other than as plainly expressed in the policy.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8834--A
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred 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 pre-exposure 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:
 
   Section 1. Paragraph 3 of subsection (a) of section 4224 of the insur-
 ance  law  is  renumbered  paragraph 4 and a new paragraph 3 is added to
 read as follows:
   (3) 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 THE INSURED OR
 POTENTIAL INSURED WAS PRESCRIBED PRE-EXPOSURE PROPHYLAXIS (PREP) MEDICA-
 TION FOR THE PREVENTION OF HIV INFECTION;
   § 2. Paragraph 3 of subsection (b) of section 4224  of  the  insurance
 law  is renumbered paragraph 4 and a new paragraph 3 is added to read as
 follows:
   (3) 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 THE INSURED OR
 POTENTIAL INSURED WAS PRESCRIBED PRE-EXPOSURE PROPHYLAXIS (PREP) MEDICA-
 TION FOR THE PREVENTION OF HIV INFECTION;
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13530-04-4