What's happening
The bill prohibits insurers from discriminating against individuals prescribed medications like Naloxone to block opioid effects unless actuarially justified.
Why it matters
Protects individuals in recovery or at risk of opioid overdose from being penalized by insurers. ensuring that simply having a prescription for overdose reversal drugs like Naloxone or Narcan does not lead to higher premiums, denial of life insurance, or annuity coverage.
Addresses stigma and barriers to treatment. by preventing insurance companies from treating life-saving opioid-blocking medications as a negative factor, which could otherwise discourage people from seeking or accepting these prescriptions.
Limits insurer discretion to only actuarially justified actions. , meaning they can only alter rates or coverage if they have clear data or experience showing a real risk—helping guard against arbitrary or discriminatory practices.
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Who cares
Headline styles
Protect Opioid Blocker Patients
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.228
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.163
- Substituted for A5952A
- Referred to insurance
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.71
Show 12 earlier actions
- Referred to insurance
- Returned to senate
- Died in assembly
- Referred to insurance
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.464
- Print number 3159a
- Amend (t) and recommit to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Insurance Opioid Bias
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3159--A
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. HARCKHAM -- 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 unfair discrimination by insurers for the use of prescriptions to block the effects of opioids
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The insurance law is amended by adding a new section 2617 to read as follows:
§ 2617. Unfair discrimination for the use of prescriptions to block the effects of opioids. No insurer or entity authorized to issue the kinds of insurance specified in paragraphs one or two of subsection (a) of section one thousand one hundred thirteen of this chapter shall refuse to issue a life insurance policy or annuity contract or adjust the amount of premiums, or rates, charged for life insurance policies or annuity contracts for any individual solely because such individual has been prescribed medication used to block the effects of opioids, including, but not limited to, Naloxone and Narcan, unless such action is based on sound actuarial principles or actual or reasonably anticipated experience.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08725-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to unfair discrimination by insurers for the use of prescriptions to block the effects of opioids
Purpose or general idea of bill
Relates to prohibiting insurers from denying life insurance to individ- uals who have been prescribed medication used to block the effects of opioids.
Summary of specific provisions
Section 1. Defines denying life insurance coverage solely because the applicant had been prescribed medication to block the effects of opioids as unfair discrimination.
Section 2. sets the effective date.
Prior legislative history
none
Justification
The opioid epidemic has seen a rapid increase in recent years. Overdose is killing more people in NYS than car accidents, suicides, and homi- cides combined. The Surgeon General has made a call for the increased availability of Naloxone. To aid in this effort, nurses and healthcare professionals have obtained the lifesaving drugs without a patient specific prescription. By carrying it, these individuals can potentially save a life. Unfortunately, this means that this drug will appear on their active medication lists, and life insurers have been denying these individuals life insurance coverage solely on the basis that they carry Naloxone. We believe that this discriminatory practice must end.
Fiscal implications
None.
Local fiscal implications
Positive implications to be determined.
Impact on regulation of business and individuals
None. EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS:
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.