District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0101 Compare Versions

Only one version of the bill is available at this time.

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3	3	COUNCIL OF THE DISTRICT OF COLUMBIA
4	4	OFFICE OF COUNCILMEMBER BROOKE PINTO
5	5	THE JOHN A. WILSON BUILDING
6	6	1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
7	7	WASHINGTON, D.C. 20004
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10	10
11	11
12	12	January 30, 2025
13	13
14	14	Nyasha Smith, Secretary
15	15	Council of the District of Columbia
16	16	1350 Pennsylvania Avenue, N.W.
17	17	Washington, DC 20004
18	18
19	19	Dear Secretary Smith,
20	20
21	21	Today, I, along with Chairman Mendelson and Councilmembers Charles Allen, Christina
22	22	Henderson, Zachary Parker, Janeese Lewis George, Robert C. White, Anita Bonds, Brianne
23	23	Nadeau, Matthew Frumin, and Wendell Felder, am introducing the “Removing Barriers and
24	24	Reducing Stigma to Encourage HIV Prevention Amendment Act of 2025.” Please find enclosed a
25	25	signed copy of the legislation.
26	26
27	27	This legislation would encourage uptake of the prescribed use of pre-exposure prophylaxis (an
28	28	HIV prevention medication commonly called PrEP) and reduce the stigma associated with HIV
29	29	and HIV prevention medication by prohibiting insurers from factoring the use of PrEP in decisions
30	30	related to the issuance of disability, life, or long-term care insurance policies. If insurers are
31	31	permitted to discriminate against those who use PrEP, it may dissuade enrollees from using
32	32	PrEP, thus frustrating the District’s HIV prevention strategy and negatively impacting
33	33	public health.
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35	35	PrEP, either a once-daily pill under the brand names Truvada or Descovy or a bi-monthly injection
36	36	under the brand name Apretude, reduces the risk of contracting HIV from sex by more than 90%
37	37	and by more than 70% among people who inject drugs when used as directed. When paired with
38	38	condoms, the risk of contracting HIV from sex while using PrEP is even lower. PrEP is a vital tool
39	39	to meet the District’s goal to reduce annual new HIV diagnoses to fewer than 130 by 2030. In
40	40	2019, the U.S. Preventive Services Task Force (USPSTF), which makes recommendations about
41	41	preventive care, recommended that clinicians offer PrEP to all individuals at high risk for HIV.
42	42	Although treatable, HIV is a chronic, incurable condition and can have significant health
43	43	consequences, particularly when left untreated. Consistent with the recommendations of the
44	44	USPSTF, the District should enact policies that encourage those at risk for HIV to have access to
45	45	PrEP.
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47	47	Over the last few years, insurance commissioners in states such as New York and California have
48	48	uncovered evidence that life, disability, and long- term care insurance companies denied or limited
49	49	coverage or charged higher premiums to HIV-negative individuals who use PrEP. In 2019, the
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53	53	Massachusetts Attorney General settled a lawsuit against an insurer after alleging that it
54	54	discriminated against applicants for life and long-term care insurance based on those applicants’
55	55	use of PrEP. And in 2019, Representative Adam Schiff (D-California) introduced legislation that
56	56	would ban such discrimination on the federal level. Although companies in the states with evidence
57	57	of discrimination have agreed to end such practices, and no such evidence of discrimination has
58	58	been documented in the District, by passing this legislation, the Council will put insurance
59	59	companies on clear notice that such practices will not be tolerated in the District, run
60	60	contrary to our HIV prevention strategy, and are against our values of equity and fair
61	61	treatment.
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63	63	I previously introduced an identical version of this legislation in Council Period 25, B25- 352.
64	64	Should you have any questions about this legislation, please contact my Legislative and Committee
65	65	Director, Linn Groft, at lgroft@dccouncil.gov.
66	66	Thank you,
67	67	Brooke Pinto Ward 2 Councilmember
68	68
69	69	___________________________________ ___________________________________ 1
70	70	Chairman Phil Mendelson Councilmember Brooke Pinto 2
71	71	3
72	72	4
73	73	___________________________________ ___________________________________ 5
74	74	Councilmember Christina Henderson Councilmember Charles Allen 6
75	75	7
76	76	8
77	77	___________________________________ ___________________________________ 9
78	78	Councilmember Janeese Lewis George Councilmember Zachary Parker 10
79	79	11
80	80	12
81	81	________________________ ___________________________________ 13
82	82	Councilmember Robert C. White, Jr. Councilmember Brianne K. Nadeau 14
83	83	15
84	84	16
85	85	___________________________________ ___________________________________ 17
86	86	Councilmember Anita Bonds Councilmember Matthew Frumin 18
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88	88	20
89	89	21
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91	91	_____________________________ 22
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93	93	Councilmember Wendell Felder 23
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95	95	25
96	96	A BILL 26
97	97	27
98	98	_______ 28
99	99	29
100	100	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 30
101	101	31
102	102	________ 32
103	103	33
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105	105	To amend the Prohibition of Discrimination in the Provision of Insurance Act of 1986 to prohibit 35
106	106	insurance companies from factoring the use of pre-exposure prophylaxis in decisions 36
107	107	related to the issuance of disability, life, or long- term care insurance policies in order to 37
108	108	ensure discrimination doesn’t inhibit the use or uptake of preventive medication for HIV 38
109	109	and to reduce the stigma associated with HIV and HIV preventive medications. 39
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111	111	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41
112	112	act may be cited as the “Removing Barriers and Reducing Stigma to Encourage HIV Prevention 42
113	113	Amendment Act of 2025 ”. 43 2
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115	115	Sec. 2. The Prohibition of Discrimination in the Provision of Insurance Act of 1986, 44
116	116	effective August 7, 1986 (D.C. Law 6- 132; D.C. Official Code § 31- 1601 et seq.), is amended as 45
117	117	follows: 46
118	118	(a) Section 2 (D.C. Official Code § 31- 1601) is amended by adding a new paragraph (8) 47
119	119	to read as follows: 48
120	120	“(8) “Pre- exposure Prophylaxis” includes daily oral antiretroviral medication, 49
121	121	which has either a fixed-dose combination of tenofovir disoproxil fumarate and emtricitabine or 50
122	122	a fixed-dose combination of tenofovir alafenamide and emtricitabine, and extended- release 51
123	123	injectable suspension antiretroviral medicatio n with active ingredient cabotegravir. 52
124	124	(b) A new section 12 (D.C. Official Code § 31- 1611) is added to read as follows: 53
125	125	“Sec. 12. Prohibition against discrimination in use of pre-exposure prophylaxis. 54
126	126	“(a) No life, disability income, or long- term care insurance policy or contract shall 55
127	127	contain any exclusion, reduction, or other limitation of benefits related to the use of pre-exposure 56
128	128	prophylaxis when taken pursuant to a valid prescriber’s order. 57
129	129	“(b) In reviewing an application for life, disability income, or long- term care 58
130	130	insurance, no insurer, or an agent, broker, or employee of the insurer shall factor the use of pre-59
131	131	exposure prophylaxis when taken pursuant to a valid prescriber’s order into a decision regarding: 60
132	132	“(1) whether to issue, renew, or cancel a policy; 61
133	133	“(2) the rates, premiums, dues, assessments, benefits covered, or expenses 62
134	134	reimbursable under the policy; or 63
135	135	“(3) The duration or terms of the policy. 64 3
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137	137	“(c) In addition to the applicable penalties of section 9 of this chapter, an insurer, 65
138	138	or an agent, broker, or employee of the insurer shall be fined not less than $1,000, and not more 66
139	139	than $10,000 for each violation of this section. 67
140	140	Sec. 3. Fiscal impact statement. 68
141	141	The Council adopts the fiscal impact statement in the committee report as the fiscal 69
142	142	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 70
143	143	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 71
144	144	Sec. 4. Effective date. 72
145	145	This act shall take effect following approval by the Mayor (or in the event of veto by the 73
146	146	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 74
147	147	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 75
148	148	24, 1973 (87 Stat. 788; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 76
149	149	Columbia Register. 77