What's happening
This bill prohibits life insurance companies from requiring applicants to disclose HIV status or undergo HIV-related testing before issuing or renewing policies.
Why it matters
Reduces discrimination and stigma. By prohibiting life insurers from asking about HIV status or requiring HIV testing, the bill helps prevent discriminatory practices against people living with HIV or those perceived to be at risk.
Expands access to life insurance. Individuals with HIV or a history of HIV-related illness will have greater ability to obtain or renew life insurance, improving financial security for them and their families.
Aligns with modern medical realities. As HIV is now a manageable chronic condition for many, this bill recognizes that requiring disclosure or testing may not be actuarially justified, especially given advancements in treatment and prognosis.
Protects medical privacy. The legislation establishes clear boundaries on what health information life insurers can request, reinforcing the right to privacy regarding sensitive medical conditions.
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Who cares
Headline styles
Ban HIV Disclosure for Insurance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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 HIV Status Questions
In Assembly Committee · Insurance · Sponsor Michael DenDekker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7992
IN SENATE
March 6, 2020
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting insurance companies from requiring individuals to disclose if such individual has been diagnosed with an HIV infection prior to issuing life insurance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs 2 and 3 of subsection (a) of section 4224 of the insurance law, paragraph 2 as amended by chapter 713 of the laws of 1994 and paragraph 3 as amended by chapter 13 of the laws of 2002, are amended and a new paragraph 4 is added to read as follows:
(2) 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 of the physical or mental disability, impairment or disease, or prior history thereof, of the insured or potential insured, except where the refusal, limitation or rate differential is permitted by law or regulation and is based on sound actuarial principles or is related to actual or reasonably anticipated experience, in which case the insurer[, subject to the limitations contained in section twenty-six hundred eleven of this chapter,] shall notify the insured or potential insured of the right to receive, or to designate a medical professional to receive, the specific reason or reasons for such refusal, limitation or rate differential;
(3) knowingly permit, and no agent thereof and no licensed insurance broker shall offer to make or make, any policy of life insurance or annuity contract or agreement as to such policy or contract other than as plainly expressed in the policy or contract[.];
(4) require an individual to disclose if such individual has been diagnosed with an HIV infection or HIV-related illness or require such individual to submit to an HIV-related test, pursuant to section twenty-six hundred eleven of this chapter, prior to issuing or renewing a life insurance policy for such individual. As used in this paragraph, the following terms shall have the following meanings: (i) "HIV
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14823-01-0
S. 7992 2
infection" shall mean an infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS, (ii) "HIV-related test" shall mean any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of AIDS, and (iii) "AIDS" shall mean an acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States public health service.
§ 2. Section 2611 of the insurance law is amended by adding a new subsection (c-1) to read as follows:
(c-1) No insurer or its designee shall request or require an individual proposed for life insurance coverage to be the subject of an HIV-related test prior to issuing or renewing a life insurance policy for such individual.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
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 prohibiting insurance companies from requiring individuals to disclose if such individual has been diagnosed with an HIV infection prior to issuing life insurance
Purpose or general idea of bill
To amend insurance law to prohibit life insurance companies from requir- ing applicants to disclose whether they have been diagnosed with HIV prior to being issued life insurance.
Summary of provisions
Section 1 amends section 4224 of the insurance law to prohibit life insurance companies from requiring an individual to disclose if they have been diagnosed with an HIV infection or an HIV related illness, or from requiring them to take an HIV-related test prior to issuing or renewing a life insurance policy of a person. This provision also gives a precise definition of HIV and HIV-related test.
Section 2 adds provision (c-1) stipulating that no insurer shall request or require applicants to be the subject of an HIV-related test prior to being issued coverage.
Section 3 relates to the effective date.
Justification
HIV does not pose the same serious health risks that it once did, and New Yorkers should not have to worry about being denied coverage for merely being HIV-positive. Medical advancements have made it possible for people who are diagnosed with the virus to live much longer lives, and the AIDS condition is now widely considered a manageable chronic disease. Yet, despite this progress, life insurance companies continue to restrict - or flat out deny coverage to applicants who are HIV-posi- tive. They are often barred from enrolling into most conventional life insurance policies like term or whole life plans, and those who do find coverage typically pay three to five times more in premiums for skimpier plans. Most egregiously, life insurance companies have even rejected coverage to certain applicants for simply disclosing that they take HIV-preventive drugs like Truvada, thus punishing them for taking responsible precautions.
The HIV-related questions posed on life insurance forms only serve to trap people who have HIV - or those who are merely suspected of getting HIV, like members of the LGBTQ+ community - into subpar plans that cannot sufficiently cover the needs of their families. The financial security of their spouses and children are put most at risk when appli- cants who disclose their diagnosis must settle for severely limited plans like burialò insurance. New Yorkers who are HIV-positive simply want to ensure their loved ones are protected, and they should have just as much access to good life insurance plans as everyone else. Thus, this bill seeks to treat people who are HIV-positive with dignity and open up their coverage options by eliminating disruptive HIV-related questions from life insurance applications. Applicants would not be required to disclose their diagnosis, nor would they have to submit to an HIV test in order to prove eligibility. Removing the questions would provide these New Yorkers and their families with peace of mind as they search for life insurance. It would also, more broadly, bring us one step clos- er to erasing the pervasive stigma of HIV/AIDS.
Prior legislative history
New Bill
Fiscal implications for state and local governments
TBD
Effective date
Ninetieth day after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.