Assembly Bill A149

2021-2022 Legislative Session

Relates to prohibiting insurance companies from denying coverage for individuals that have taken or are currently taking pre-exposure prophylaxis or post-exposure prophylaxis

download bill text pdf

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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-A149 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9952
2019-2020: A22
2023-2024: A42

2021-A149 (ACTIVE) - Summary

Relates to prohibiting insurance companies from denying coverage for individuals that have taken or are currently taking pre-exposure prophylaxis for the prevention of HIV or post-exposure prophylaxis to prevent HIV infection.

2021-A149 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    149
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, AUBRY, DINOWITZ, GOTTFRIED, ENGLE-
   BRIGHT, LAVINE, JEAN-PIERRE, MAGNARELLI, SIMON, J. RIVERA, COOK, DAVI-
   LA, GLICK -- 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.
                                                            LBD00297-01-1

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