Assembly Bill A42

2023-2024 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

Sponsored By

Current 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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2023-A42 (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
2021-2022: A149

2023-A42 (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.

2023-A42 (ACTIVE) - Bill Text download pdf 

                             
                     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

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