Virginia Gov. Glenn Youngkin this week vetoed a bill that would have made it illegal for health and life insurance companies to discriminate against individuals who have taken pre-exposure prophylaxis (PrEP) for HIV prevention.

House Bill 2769, titled Life or Health Insurances; Unfair Discrimination, Pre-Exposure Prophylaxis for Prevention of HIV, was passed by both chambers of the Virginia General Assembly. The bill cleared the Virginia House of Delegates with 53 yeas and 44 nays and the Senate of Virginia with 24 yeas and 15 nays.

Under the Affordable Care Act, PrEP is covered by most insurance companies, meaning the medication should be available through employer-sponsored private health insurance plans, individual healthcare plans purchased via HealthCare.gov or state-based marketplaces, as well as Medicaid expansion coverage.

If the Virginia General Assembly fails to override Youngkin’s veto, insurance companies operating in Virginia will be allowed to continue discriminating against PrEP users by charging them higher premiums or even denying them coverage altogether.

According to recent data from UNAIDS, gay men and other men who have sex with men are 7.7 times more likely to contract HIV. Since the first cases of HIV were reported, 78 million people have been infected with the virus, and 35 million have died from AIDS-related illnesses.

Currently, there are three FDA-approved forms of PrEP: Truvada (emtricitabine/tenofovir disoproxil fumarate), available for individuals of all genders; Descovy (emtricitabine/tenofovir alafenamide), approved for use by individuals assigned male at birth; and Apretude (cabotegravir), an injectable PrEP administered every other month by a healthcare professional.

According to the FDA, PrEP reduces the risk of acquiring HIV from sex by about 99% when taken as prescribed and lowers the risk by at least 74% among people who inject drugs. Since its approval, the World Health Organization (WHO) estimates that 3.5 million people received PrEP at least once in 2023.

Despite the bill’s passage in the Democratic-controlled General Assembly, Youngkin vetoed the legislation, a move that disproportionately impacts the LGBTQ community and others at higher risk of HIV.

The Washington Blade reached out to Youngkin’s office for comment but has not received a response.