A.8834-B/S.8144-C – Prohibits Discrimination of Coverage for Individuals With HIV

The New York Health Plan Association (HPA) opposes A.8834-C/S.8144-B, which 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, or solely on the basis that an individual was prescribed preexposure prophylaxis (PrEP) medication to prevent HIV infection. New York and federal law already protect consumers against discrimination based on age, sex or pre-existing condition, making this proposal unnecessary.

Both the Patient Protection and Affordable Care Act (ACA) and New York Insurance Law prohibit insurers that provide comprehensive health coverage from denying someone or charging a difference in premiums (except geographically) based on the person’s age, sex or pre-existing conditions, including HIV/AIDS. In addition, policies may not limit benefits for these conditions.

Recent years have seen tremendous progress in our fight to end the HIV/AIDS epidemic. With their focus on prevention and a philosophy that patients should have access to the right care at the right time, health plans are committed to working with New York policymakers to further those efforts by ensuring that all New Yorkers have access to comprehensive health care coverage.

For the reasons outlined above, we believe this legislation unnecessary. Accordingly, we urge you reject A.8834-B/S.8144-C.