The New York State Department of Financial Services ("DFS") has issued guidance for life and health insurers in New York State reminding them of their obligations to provide insurance to nurses and first responders who carry naloxone or Narcan to reduce overdose deaths.
"In the midst of a national opioid crisis, it is common sense for our nurses and first responders who work every day to keep New Yorkers safe to carry naloxone," Governor Andrew M. Cuomo said in a statement. "Denying them insurance coverage for doing their job to save lives is unacceptable, and today we correct this discriminatory practice."
Following reports that some insurers might have been denying applications for life insurance, disability income insurance, or long term care insurance based on an applicant having been issued a prescription for an opioid-reversal drug such as naloxone or Narcan, New York Governor Andew M. Cuomo called on the DFS to investigate insurers' underwriting guidelines and practices in New York related to opioid-reversal drugs.
The DFS's investigation concluded that insurers' underwriting practices and guidelines did not distinguish between circumstances where an applicant had a prescription for naloxone or Narcan that was for his or her own use versus where the applicant had a prescription to be able to administer on encounters with at-risk opioid overdose patients. The issued guidance reminds insurers of their obligations under New York law not to unfairly discriminate against insurance applicants by denying coverage where there is no appropriate actuarial or legal justification for doing so.
Learn more: DFS guidance.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].