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.

                                 
BILL NUMBER: S8144B

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 pre-exposure prophylaxis medication for HIV prevention with
respect to life, accident, and health insurance coverage

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that individuals prescribed pre-
exposure prophylaxis medication for HIV prevention with respect to life,
accident, and health insurance coverage are not discriminated against.

 
SUMMARY OF PROVISIONS:

This bill would prohibit an insurer from refusing to insure, refusing to
continue to insure or limiting the amount, extent or kind of coverage
available to an individual or charging a different rate for the same
coverage solely because the insured or potential insured was prescribed
              

pre-exposure prophylaxis (PrEP) medication for the prevention of HIV
infection.

 
JUSTIFICATION:

Circular Letter No. 8 of 2018 directed insurers to not unfairly discrim-
inate in their underwriting or rate setting based on an insurance appli-
cant's use of HIV prevention strategies, such as PrEP. This letter was
published by DFS following reports it received that some insurers were
denying applications for life insurance, disability income insurance, or
long-term care insurance if an applicant used PrEP.  DFS then commenced
an investigation of insurers' underwriting guidelines and practices in
New York related to HIV prevention strategies, such as the use of PrEP
to reduce the risk of contracting HIV infection.  Specifically, the DFS
examined underwriting guidelines and practices where a consumer applies
for life insurance, disability income insurance, or long-term care
insurance and the applicant is engaging in or has engaged in an HIV
prevention strategy, such as PrEP. DFS concluded that adverse underwrit-
ing decisions based solely on an applicant's use of PrEP violated Insur-
ance Law section 4224(a)(1), which prohibits a life insurer from making
or permitting any unfair discrimination between individuals of the same
class and of equal expectation of life.

This bill would codify this circular letter and clarify under the Insur-
ance Law that an insurer may not 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) medication for the prevention of HIV infection.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

                                 
BILL NUMBER: S8144C

SPONSOR: BRESLIN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that individuals prescribed pre-
exposure prophylaxis medication for HIV prevention with respect to life,
accident, and health insurance coverage are not discriminated against.

 
SUMMARY OF PROVISIONS:

This bill would prohibit an insurer from refusing to insure, refusing to
continue to insure or limiting the amount, extent or kind of coverage
available to an individual or charging a different rate for the same
coverage solely because the insured or potential insured was prescribed
              

pre-exposure prophylaxis (PrEP) medication for the prevention of HIV
infection.

 
JUSTIFICATION:

Circular Letter No. 8 of 2018 directed insurers to not unfairly discrim-
inate in their underwriting or rate setting based on an insurance appli-
cant's use of HIV prevention strategies, such as PrEP. This letter was
published by DFS following reports it received that some insurers were
denying applications for life insurance, disability income insurance, or
long-term care insurance if an applicant used PrEP. DFS then commenced
an investigation of insurers' underwriting guidelines and practices in
New York related to HIV prevention strategies, such as the use of PrEP
to reduce the risk of contracting HIV infection. Specifically, the DFS
examined underwriting guidelines and practices where a consumer applies
for life insurance, disability income insurance, or long-term care
insurance and the applicant is engaging in or has engaged in an HIV
prevention strategy, such as PrEP. DFS concluded that adverse underwrit-
ing decisions based solely on an applicant's use of PrEP violated Insur-
ance Law section 4224(a)(1), which prohibits a life insurer from making
or permitting any unfair discrimination between individuals of the same
class and of equal expectation of life.
  This  bill  would  codify  this  circular letter and clarify under the
Insurance Law that an insurer  may  not  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) medication for  the  prevention  of  HIV
infection.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.