GMHC Wins Legislative Victories to Combat HIV Inequities 

In a groundbreaking victory, GMHC’s Public Policy Department enlisted our communities to pass statewide legislation that prevents all insurers from discriminating against people taking PrEP (pre-exposure prophylaxis) to prevent HIV.

“In one legislative cycle we have made it a state law that if you take PrEP, you can’t be discriminated against by insurers who want to make stigmatizing assumptions,” said GMHC Vice President of Public Policy and External Affairs Jason Cianciotto.

The new law applies to life and disability insurers as well as health insurance companies – and GMHC led the way.

When Cianciotto learned that several GMHC staff were being denied coverage for life or disability policies due to their HIV status, he realized a legislative solution was needed. After learning that California is the only state that bans such discrimination, our public policy team worked with legal experts to draft a similar bill for New York.

The team secured sponsorship from State Senator Neil Breslin and Assembly Member David Weprin, and then GMHC staff stepped up to tell their personal stories at legislative lobby days to garner wider support from state legislators.

Due to push-back from the insurance lobby, the bill’s language ultimately shifted from banning insurance discrimination against anyone living with HIV to anyone taking PrEP. But with that change, Gov. Kathy Hochul signed A08834B / S08144C into law on June 28.

“We will go back and fight for a ban on HIV discrimination in the next session,” Cianciotto emphasized.

“Today, it is perfectly legal in New York state for insurance companies to deny life and disability insurance to someone living with HIV who has an undetectable viral load and thus, a life and health expectancy nearly equal to that of HIV-negative people,” he added. “The majority of New Yorkers affected by HIV are people of color and/or LGBTQ+, so this is also a social and economic justice issue.”

GMHC worked with the Ending the Epidemic Coalition to pass three additional priority bills for our community. We thank State Senator Brad Hoylman-Sigal for sponsoring all three in the New York State Senate.

• Co-sponsored by Assembly Member Linda Rosenthal, S.1001A/A.1619A prohibits health insurers from requiring prior authorization for most antiretroviral drugs for HIV prevention and treatment.
• Co-sponsored by Assembly Member Tony Simone, S.9842/A.10461 clarifies that health insurers, including HMOs, may not require copayments for PrEP or PEP (post-exposure prophylaxis).
• Co-sponsored by State Assembly Member Amy Paulin, S.7809/A.8475 updates New York’s HIV testing laws to align with CDC guidance and encourage HIV testing by allowing testing providers to give written opt-out notice as an alternative to verbal notice. New data revealed that 18% of new HIV diagnoses statewide included a concurrent AIDS diagnosis. As a result of this new law, more New Yorkers will know their HIV status and get the treatment they need to stay healthy.