Health Insurance Ass'n of America v. Corcoran

*256OPINION OF THE COURT

Daniel H. Prior, Jr., J.

Petitioners challenge the legality of respondent’s amendments to 11 NYCRR part 52 relating to the prohibition against requiring or considering body fluid tests for evidence of Human Immune Deficiency Virus (HIV) in the application for or the risk management determinations of insurability for health insurance (individual and small group).

Petitioners set forth seven separate causes of action arguing the invalidity of the regulatory amendments.

Initially, the court determines that under the proper circumstances and with proper reasoning respondent…