§ 3243. Discrimination because of sex or marital status in hospital,\nsurgical or medical expense insurance. (a) With regard to an accident\nand health insurance policy that provides hospital, surgical, or medical\nexpense coverage or a policy of student accident and health insurance,\nas defined in subsection (a) of section three thousand two hundred forty\nof this article, delivered or issued for delivery in this state, no\ninsurer shall because of sex, marital status or based on pregnancy,\nfalse pregnancy, termination of pregnancy, or recovery therefrom,\nchildbirth or related medical conditions:\n (1) make any distinction or discrimination between persons as to the\npremiums or rates charged for the policy or in any other manner\nwhatever;\n (2) demand or require a greater premium from any person than it\nrequires at that time from others in similar cases;\n (3) make or require any rebate, discrimination or discount upon the\namount to be paid or the service to be rendered on any policy;\n (4) insert in the policy any condition, or make any stipulation,\nwhereby the insured binds his or herself, or his or her heirs,\nexecutors, administrators or assigns, to accept any sum or service less\nthan the full value or amount of such policy in case of a claim thereon\nexcept such conditions and stipulations as are imposed upon others in\nsimilar cases; and any such stipulation or condition so made or inserted\nshall be void;\n (5) reject any application for a policy issued or sold by it;\n (6) cancel or refuse to issue, renew or sell such policy after\nappropriate application therefor;\n (7) fix any lower rate or discriminate in the fees or commissions of\ninsurance agents or insurance brokers for writing or renewing such a\npolicy; or\n (8) engage in sexual stereotyping.\n (b) For the purposes of this section, "sex" shall include sexual\norientation, gender identity or expression, and transgender status.\n
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