NY Bill Would Bar Life Insurers From Eyeing Applicants' Opioid-Blocker Prescriptions
Democrats in the state Legislature are expected to move a bill on Monday to prohibit life insurance companies from denying coverage to individuals, including nurses, who are prescribed opioid-reversal medications, like Naloxone or Narcan.
May 06, 2019 at 04:12 PM
5 minute read
Some nurses who have been prescribed medication to counteract the effects of an opioid overdose, in order to use that drug on people who may need it in public, have been denied life insurance coverage by companies because of that prescription, according to lawmakers and advocacy groups.
That's why Democrats in the state Legislature moved a bill Monday to prohibit life insurance companies from denying coverage to individuals, including nurses, who are prescribed opioid-reversal medications, like Naloxone or Narcan.
The bill, Monday afternoon, passed the State Senate, where it's sponsored by State Sen. Pete Harckham, D-Westchester. Harckham said the bill was inspired by a group of nurses that approached lawmakers about the issue.
Some individuals in the profession seek a prescription for opioid blockers to carry with them in hospitals, schools or even in public when they're off the clock. But that came with an unintended surprise when they went to purchase life insurance, Harckham said.
“What happened was, when they went to apply for life insurance, it showed up on their list of prescriptions and they were being denied life insurance because of this prescription they carry to help the public,” Harckham said. “That's discrimination that we can't tolerate.”
Life insurance companies screen individuals to find what medications they've been prescribed before approving them for coverage. Those companies have, in some instances, denied coverage for individuals who they see have been prescribed opioid-reversal drugs, regardless of why they were given such a prescription, Harckham said.
The bill, while targeted at nurses, would prohibit life insurance companies from denying coverage to any individual who seeks a prescription for opioid-reversal medication. That could be a teacher, emergency responder, family member or any other individual who has such a prescription.
Assemblywoman Linda B. Rosenthal, D-Manhattan, sponsors the bill in her chamber. She chided life insurance companies for the practice, which advocates at the capitol on Monday said was fairly commonplace among nurses who may not have union-provided benefits.
“It's just ridiculous. It's another money-grab,” Rosenthal said. “There's no basis in fact, there's no reason to deny these people life insurance, especially nurses who put their lives and their health on the line to do their utmost for their patients.”
Rosenthal said she expects the bill to pass in the Assembly, but that her colleagues haven't yet had the chance to fully consider it. The legislation was amended and recommitted to the insurance committee in the chamber on Friday.
“It's been recently introduced, so we take a little longer at times,” Rosenthal said. “So, we have to go through committee.”
Rosenthal and Harckham were joined at a press event by members of the New York State Nurses Association, including Tara Martin, the group's state political director. Martin said, depending on what kind of practice a nurse is working in, they could be asked to seek a prescription for Naloxone or Narcan as a preventative measure.
“I can't tell you how many times we run into nurses who have actually had to save a person's life—not in a hospital, but in a parking lot because someone is overdosing in a car somewhere,” Martin said. “We don't practice just in the walls of our hospital, we practice wherever we go.”
The prescription can also be used in the event that a nurse, or other individual, unintentionally comes in contact with opioids, Martin said. There are some situations where having contact, alone, with certain opioids can be harmful.
“Some of this stuff can be absorbed through the skin,” Martin said. “So, if a nurse is working on you and you're dealing with an overdose situation, there's a strong possibility that you can get direct contact, and that's very problematic in our industry.”
The Life Insurance Council of New York, the trade association representing life insurance companies in the state, said in a statement Monday that it was not opposed to the bill.
“LICONY applauds the nurses and Good Samaritans who play a valuable role in protecting vulnerable members of their communities from opioid overdoses every day,” the group said. “Our organization has no objections to this bill, since we believe that it largely reflects the practices already being utilized by our life insurance company members.”
Lawmakers in the Assembly will have the next seven weeks to consider the bill before they're scheduled to leave Albany for the year in June.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Major Drug Companies Agree to Pay $49.1 Million to 50 States, Territories
3 minute readTrending Stories
- 1Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 2Trump’s Plan to Purge Democracy
- 3Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 4X Joins Legal Attack on California's New Deepfakes Law
- 5Monsanto Wins Latest Philadelphia Roundup Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250