GMHC Applauds NYS Legislature for Passing PrEP Insurance Discrimination Bill

New York, NY—GMHC applauds the New York State Legislature for passing A08834B / S08144C, sponsored by Assembly Member David Weprin and Senator Neil Breslin, which prevents life, disability, and health insurers from discriminating against individuals who are prescribed PrEP (pre-exposure prophylaxis) to prevent HIV infection. The bill would prohibit insurance companies from refusing to insure, not continuing to insure, or charging a different rate for individuals using PrEP. The bill, which unanimously passed in both chambers, is now on its way to Governor Kathy Hochul for her signature. 

“GMHC is extremely grateful for the opportunity to have worked with Assembly Member David Weprin and Senator Neil Breslin to pass this bill, which will prevent New Yorkers from being denied life, disability, and health insurance based solely on their use of PrEP to prevent HIV infection,” said Jason Cianciotto, GMHC’s Vice President of Public Policy and External Affairs. “PrEP is one of the pillars of New York’s plan to end the HIV epidemic, so eliminating discrimination and the stigma it fuels is critical. We thank the bill’s co-sponsors and all the members of the legislature who unanimously supported it. We now respectfully call on Governor Kathy Hochul to sign this bill.” 

PrEP eliminates the risk of contracting HIV from sexual intercourse when taken as prescribed. Yet, many barriers prevent at-risk individuals from accessing and remaining on PrEP treatment. This bill codifies an existing New York State regulation prohibiting insurance discrimination targeting PrEP users, ensuring that these protections are strong and permanent. 

“In the next legislative session, GMHC looks forward to working with our partners in the New York State Legislature to draft and pass a bill that would outlaw life and disability insurance discrimination based solely on HIV status,” added Cianciotto.  

“Today, it is perfectly legal in New York State for insurance companies to deny life and disability insurance products to someone living with HIV who has an undetectable viral load, attends their medical appointments regularly, and who therefore has a life and health expectancy nearly equal to that of people who are not living with HIV,” Cianciotto said. “This issue not only affects them, but also their family members, by denying them the support and security that insurance can provide upon the disability or death of a loved one. Given that the majority of New Yorkers affected by HIV are people of color and/or LGBTQ+, this is also a social and economic justice issue.”