February 14, 2018
Statement by Financial Services Superintendent Maria T. Vullo on Report of Denials of Insurance Policies for Applicants Who Take HIV Prevention Medication
“The New York Times report that persons taking HIV prevention drugs are receiving discriminatory treatment in the purchase of disability insurance raises serious concerns that DFS will investigate. Insurers cannot choose to deny life and disability insurance coverage based on discriminatory reasons. There is absolutely no legal justification for denying or limiting insurance coverage simply because an individual takes pre-exposure prophylaxis (PrEP), a prescription drug used for the prevention of HIV infection. This is tantamount to penalizing applicants based on sexual orientation. DFS will not tolerate discriminatory treatment in the approval or denial of life, long-term care and disability insurance policies and will hold companies that discriminate accountable."