Bill Text: NY S05895 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to prohibiting insurance companies from requiring 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 prior to issuing or renewing a life insurance policy for such individual.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INSURANCE [S05895 Detail]

Download: New_York-2021-S05895-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5895

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 22, 2021
                                       ___________

        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  insur-
          ance

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs 2 and 3 of subsection (a) of section 4224 of the
     2  insurance law, paragraph 2 as amended by chapter 713 of the laws of 1994
     3  and paragraph 3 as amended by chapter  13  of  the  laws  of  2002,  are
     4  amended and a new paragraph 4 is added to read as follows:
     5    (2)  refuse  to  insure,  refuse  to  continue  to insure or limit the
     6  amount, extent or kind of coverage available to an individual, or charge
     7  a different rate for the same coverage solely because of the physical or
     8  mental disability, impairment or disease, or prior history  thereof,  of
     9  the  insured  or potential insured, except where the refusal, limitation
    10  or rate differential is permitted by law or regulation and is  based  on
    11  sound  actuarial principles or is related to actual or reasonably antic-
    12  ipated experience, in which case the insurer[, subject  to  the  limita-
    13  tions  contained  in section twenty-six hundred eleven of this chapter,]
    14  shall notify the insured or potential insured of the right  to  receive,
    15  or  to  designate a medical professional to receive, the specific reason
    16  or reasons for such refusal, limitation or rate differential;
    17    (3) knowingly permit, and no agent thereof and no  licensed  insurance
    18  broker  shall  offer  to  make  or make, any policy of life insurance or
    19  annuity contract or agreement as to such policy or contract  other  than
    20  as plainly expressed in the policy or contract[.];
    21    (4)  require  an  individual  to  disclose if such individual has been
    22  diagnosed with an HIV infection or HIV-related illness or  require  such
    23  individual  to  submit to an HIV-related test, pursuant to section twen-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10266-01-1
        S. 5895                             2

     1  ty-six hundred eleven of this chapter, prior to issuing  or  renewing  a
     2  life  insurance  policy  for such individual. As used in this paragraph,
     3  the  following  terms  shall  have  the  following  meanings:  (i)  "HIV
     4  infection" shall mean an infection with the human immunodeficiency virus
     5  or  any  other related virus identified as a probable causative agent of
     6  AIDS, (ii) "HIV-related test" shall mean any laboratory test  or  series
     7  of  tests for any virus, antibody, antigen or etiologic agent whatsoever
     8  thought to cause or to indicate the presence of AIDS, and  (iii)  "AIDS"
     9  shall  mean  an  acquired  immune deficiency syndrome, as may be defined
    10  from time to time by the centers  for  disease  control  of  the  United
    11  States public health service.
    12    §  2.  Section  2611  of  the insurance law is amended by adding a new
    13  subsection (c-1) to read as follows:
    14    (c-1) No insurer or its designee shall request or require an  individ-
    15  ual proposed for life insurance coverage to be the subject of an HIV-re-
    16  lated test prior to issuing or renewing a life insurance policy for such
    17  individual.
    18    §  3.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.