New York Department Investigating Life, Disability, and Long-term Care Insurers for Alleged Discrimination
Client Alert | 1 min read | 02.16.18
Following a report in the New York Times, the New York Department of Financial Services announced February 14 that it will investigate assertions that life and disability insurers writing in New York denied coverage to persons taking an anti-HIV drug, Truvada, as a means of preventing the onset of AIDS. The Superintendent of DFS stated that such denials would be considered evidence of illegal discrimination on the basis of sexual orientation.
Section 4224 of the New York Insurance Law prohibits “unfair discrimination” by life and health insurers and where sound actuarial justification for such discrimination is absent. Section 63(12) of the New York Executive Law empowers the Attorney General to seek injunctive relief, and restitution and damages, against any business engaged in repeated illegal acts.
Clients writing life, disability, and long-term care policies in New York are subject to being examined by the Department and investigated by the New York Attorney General for potential discriminatory denials of coverage to persons taking Truvada. Those clients may find it advisable to undertake immediate steps to completely retain and comprehensively review their underwriting records, including all relevant e-mails and inter-company communications, to determine the extent to which such denials of coverage occurred.
For further information please contact Senior Counsel Richard Liskov, a former Deputy Superintendent and General Counsel of the New York Insurance Department, at rliskov@crowell.com.
Insights
Client Alert | 8 min read | 04.17.26
CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors
On April 6, 2026, the Centers for Medicare & Medicaid Services (CMS) published its final rule governing the Medicare Advantage (Part C) and Prescription Drug Benefit (Part D) programs for Contract Year (CY) 2027. The final rule is effective June 1, 2026, with most provisions applicable to coverage beginning January 1, 2027, and marketing and communications changes taking effect October 1, 2026. Beyond payment, the rule pursues a broad deregulatory agenda aligned with Executive Order 14192, reversing marketing and enrollment safeguards introduced in 2023 and easing documentation and reporting obligations, while introducing new program integrity requirements.
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