PRINTER'S NO. 1209
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1159
Session of
2023
INTRODUCED BY KHAN, SANCHEZ, KENYATTA, PARKER, GERGELY, MADDEN,
PROBST, PIELLI, HOHENSTEIN, SCHLOSSBERG, HANBIDGE, HILL-
EVANS, GUENST, WAXMAN, KINSEY, FRANKEL, D. WILLIAMS,
SAMUELSON, KAZEEM, O'MARA, BOROWSKI AND CEPEDA-FREYTIZ,
MAY 10, 2023
REFERRED TO COMMITTEE ON HEALTH, MAY 10, 2023
AN ACT
Prohibiting discriminatory practices against applicants and
enrollees under certain insurance policies based on claims or
prescriptions involving prophylaxis HIV medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prohibiting
Insurance Discrimination for Persons on PrEP and PEP Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adverse action." Any of the following actions done solely
because an individual applicant or individual enrollee, or a
group to which the individual applicant or individual enrollee
belongs, has filled or is being prescribed PrEP or PEP:
(1) Denying or canceling insurance coverage for the
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applicant or enrollee.
(2) Limiting the amount, extent or kind of coverage
available to the applicant or enrollee.
(3) Charging the applicant or enrollee, or a group to
which the applicant or enrollee belongs, a rate that is
different from the rate charged to other applicants or
enrollees.
"Applicant." An individual or group that seeks to obtain
coverage under an insurance policy from an insurer.
"Enrollee." A policyholder, subscriber or covered person
under an insurance policy.
"Insurance policy." A life insurance policy, disability
policy, long-term care policy, subscriber contract, certificate
or plan that is offered, issued or renewed by an insurer.
"Insurer." An entity licensed or authorized to conduct the
business of insurance that is governed under the act of May 17,
1921 (P.L.682, No.284), known as The Insurance Company Law of
1921, including section 630 and Article XXIV of that act.
"PEP." A post-exposure prophylaxis HIV medication that is
approved by the United States Food and Drug Administration and
that can be taken as a prophylaxis to prevent the transmission
of the human immunodeficiency virus after a person is exposed.
"PrEP." A pre-exposure prophylaxis HIV medication that is
approved by the United States Food and Drug Administration and
that can be taken as a prophylaxis to prevent the transmission
of the human immunodeficiency virus before a person is exposed.
Section 3. Prohibition on discrimination.
Notwithstanding any other provision of law, an insurer may
not take an adverse action on an insurance policy against an
applicant or enrollee solely based on the applicant's or
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enrollee's prior or current claim or obtainment of a
prescription for PrEP or PEP.
Section 4. Enforcement.
A violation of this act shall constitute:
(1) Unfair discrimination under section 353 of the act
of May 17, 1921 (P.L.682, No.284), known as The Insurance
Company Law of 1921.
(2) Unfair methods of competition and unfair or
deceptive acts or practices under the act of July 22, 1974
(P.L.589, No.205), known as the Unfair Insurance Practices
Act.
Section 5. Effective date.
This act shall take effect in 60 days.
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