NY State Senate Bill 2023-S8144A

Senate Bill S8144A

2023-2024 Legislative Session

Prohibits discrimination against individuals who tested positive for HIV or who were prescribed preexposure prophylaxis medication for HIV prevention with respect to insurance coverage

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2024	print number 8144a
Jan 16, 2024	amend (t) and recommit to insurance
Jan 09, 2024	referred to insurance

Bill Amendments

Original

A (Active)

2023-S8144 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §4224, Ins L

2023-S8144 - Summary

Prohibits discrimination 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.

2023-S8144 - Sponsor Memo

                                 
BILL NUMBER: S8144

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting discrimi-
nation against individuals prescribed preexposure prophylaxis medication
for HIV prevention with respect to life, accident, and health insurance
coverage

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that individuals prescribed preexposure prophylaxis medication
for HIV prevention with respect to life, accident, and health insurance
coverage are not discriminated against.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph 3 of subsection (a) and 9b) 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 is amended to state that no life, accident and

health insurance company can 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 preexposure
prophylaxis medication to prevent HIV infection.

Section 2. Effective Date

 
JUSTIFICATION:

This bill would prohibit an insurer from declining an application or
enrollment request for coverage under a policy or certificate for life
insurance or disability income insurance based solely on the basis
results of a positive HIV test, regardless of when or at whose direction
the test was performed, or solely on the basis that an individual was
prescribed preexposure prophylaxis medication to prevent HIV (human
immunodeficiency virus) infection. However, the bill would not prevent
or restrict an insurer from refusing to insure an applicant that is HIV
positive, limiting the amount, extent, or kind of coverage for an appli-
cant that is HIV positive, or charging a different rate to an applicant
that is HIV positive, if the refusal, limitation, or charge is based on
sound actuarial principals and actual or reasonably anticipated experi-
ence.

This bill is needed to reflect advancements in testing and medical
treatments for individuals living with HIV. When the HIV/AIDS epidemic
began in the United States, HIV was considered a life-threatening condi-
tion because relatively little was known at the time about HIV
detection, transmission, or treatment.

Today, however, just as with diabetes or other chronic health condi-
tions, HIV can be effectively managed. Modern antiretroviral therapy
(ART) is more sophisticated than original treatments, causes fewer
adverse effects, and results in a life expectancy similar to people not
living with HIV. Research shows that in recent years, people living with
HIV who are receiving treatment have a life expectancy of approximately
70 to 78 years or more, depending on other determinants of health and
how early treatment was commenced, compared to a life expectancy of 39
years in 1996. The risk of death due to AIDS-related causes has declined
dramatically.

It is now possible for individuals living with HIV to have an average
life expectancy. They should have the same opportunities as other indi-
viduals with chronic medical conditions to purchase life insurance and
disability income insurance.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8144 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8144
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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  discrimi-
   nation  against individuals prescribed preexposure prophylaxis medica-
   tion 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  WAS PRESCRIBED PREEXPOSURE PROPHYLAXIS MEDICATION TO
 PREVENT HIV INFECTION, 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  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
 POTENTIALLY INSURED WAS PRESCRIBED PREEXPOSURE PROPHYLAXIS MEDICATION TO
 PREVENT HIV INFECTION, EXCEPT WHERE  THE  REFUSAL,  LIMITATION  OR  RATE
 DIFFERENTIAL  IS  PERMITTED  BY  LAW OR REGULATION AND IS BASED ON SOUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13530-01-3
 S. 8144                             2

 ACTUARIAL PRINCIPLES OR IS RELATED TO ACTUAL 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.

2023-S8144A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §4224, Ins L

2023-S8144A (ACTIVE) - Summary

2023-S8144A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8144A

SPONSOR: BRESLIN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that individuals prescribed preexposure prophylaxis medication
for HIV prevention with respect to life, accident, and health insurance
coverage are not discriminated against.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph 3 of subsection (a) and 9b) 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 is amended to state that no life, accident and

health insurance company can 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.

Section 2. Effective Date

 
JUSTIFICATION:

This bill would prohibit an insurer from declining an application or
enrollment request for coverage under a policy or certificate for life
insurance or disability income insurance based solely on the basis
results of a positive HIV test, regardless of when or at whose direction
the test was performed, or solely on the basis that an individual was
prescribed preexposure prophylaxis medication to prevent HIV (human
immunodeficiency virus) infection. However, the bill would not prevent
or restrict an insurer from refusing to insure an applicant that is HIV
positive, limiting the amount, extent, or kind of coverage for an appli-
cant that is HIV positive, or charging a different rate to an applicant
that is HIV positive, if the refusal, limitation, or charge is based on
sound actuarial principals and actual or reasonably anticipated experi-
ence.

This bill is needed to reflect advancements in testing and medical
treatments for individuals living with HIV and and the HIV/AIDS epidemic
began in the United States, HIV was considered a life- threatening
condition because relatively little was known at the time about HIV
detection, transmission, or treatment.

Today, however, just as with diabetes or ether chronic health condition
(ART) is more sophisticated than origin. 1 treatments, causes fewer
adverse effects, and results in a life expectancy similar to people not
living with HIV. Research shows that in recent years, people living with
HIV who are receiving treatment have a life expectancy of approximately
70 to 76 years or more, depending on other determinants of health and
how early treatment was commenced, compared to a life expectancy of 39
years in 1996. The risk of death due to AIDS-related causes has declined
dramatically.

It is now possible for individuals living with HIV to have an average
life expectancy. They should have the same opportunities as other indi-
viduals with chronic medical conditions to purchase life insurance and
disability income insurance.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

 
FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8144A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8144--A
 
                             I N  S E N A T E
 
                              January 9, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13530-02-4
 S. 8144--A                          2
 
 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 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.

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