D.C. bill would bar insurance discrimination against PrEP users Legislation aimed at ‘removing barriers’ to using HIV prevention medication

By LOU CHIBBARO JR. | lchibbaro@washblade.com

D.C. Council member Brooke Pinto (D-Ward 2) introduced a bill on June 28 calling for prohibiting insurance companies from taking into consideration a person’s use of the HIV prevention medication known as PrEP in decisions related to the issuance of disability, life, or long-term care insurance policies.

The bill, called the Removing Barriers and Reducing Stigma to Encourage HIV Prevention Amendment Act of 2023, would amend an existing D.C. law passed in 1986 that, among other things, bans insurance companies from using a person’s age, marital status, sexual orientation, gender identity, area of residence, occupation, or similar factors to predict whether the person in the future may develop AIDS.

A statement released by Pinto’s office says her bill is intended to “ensure individuals are not dissuaded from using PrEP because of potential negative consequences on their disability, life, or long-term care insurance” and to curtail stigma associated with PrEP use.

“PrEP is a safe, reliable, and crucial medication to prevent the contraction of HIV,” Pinto said in the statement. “We need to be promoting its use – not discriminating against people, including LGBTQQIA+ and people of color who are disproportionately affected by HIV, who use this important medication,” Pinto says in the statement.

Nine other Council members on the 13-member Council signed on as co-introducers of the bill, including D.C. Council Chair Phil Mendelson (D-At-Large).

The bill was assigned by Mendelson to the Council’s Committee on Business and Economic Development, which was expected to hold a public hearing on the bill.

Pinto’s three-page bill states, “No life, disability income, or long-term care insurance policy or contract shall contain any exclusion, reduction, or other limitation of benefits related to the use of pre-exposure prophylaxis [PrEP] when taken pursuant to a valid prescriber’s order.”

The bill also states, “In reviewing an application for life, disability income, or long-term care insurance, no insurer, or agent, broker, or employee of the insurer shall factor the use of pre-exposure prophylaxis when taken pursuant to a valid prescriber’s order into a decision regarding: (1) whether to issue, renew, or cancel a policy; (2) the rates, premiums, dues, assessments, benefits covered, or expenses reimbursable under the policy; or (3) the duration or terms of the policy.”

“I am proud to introduce this legislation to advance public health, reduce stigmas associated with PrEP and HIV, and protect the rights of PrEP users,” Pinto said.

The bill calls for imposing a fine of “not less than $1,000, and not more than $10,000 for each violation” of the proposed law.