Senate Bill S8144

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

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Sponsored By

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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Bill Amendments

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

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.
              

2023-S8144A (ACTIVE) - Details

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

2023-S8144A (ACTIVE) - 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-S8144A (ACTIVE) - Sponsor Memo

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.
              

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