Requires health insurers to provide an insurer or subscriber who is a victim of domestic violence, upon request of such insurer or subscriber, with the option to designate alternative contact information for the purpose of receiving specific claim information or for specific billing purposes.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1358
SPONSOR: Cymbrowitz (MS) TITLE OF BILL: An act to amend the insurance law, in relation to
allowing victims of domestic violence the opportunity to designate an
alternate address for health insurance claims or billing purposes
PURPOSE: Requires health insurers and health maintenance organizations
to provide victims of domestic violence with the option of providing
alternative contact information so that they may be able to access their
claims information and benefits in a manner that shields and protects
them from their abuser.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Subsections (f) and (g) of
Section 2612 of the insurance law, subsection (f) as amended by chapter
246 of the laws of 2005 and subsection (g) as added by chapter 361 of
the laws of 2006 to make a technical change and cross reference.
Require issuers of insurance policies to give victims of domestic
violence, whose abuser is the policyholder, with the option to designate
alternative contact information, for themselves and their dependent
children, once the victim of abuse provides the insurance company with a
valid order of protection against the policyholder or upon written
request accompanied by a signed statement made under oath that he/she is
a victim of domestic abuse and that the disclosure of such information
would endanger him/her. Once either of these is filed with the insurer,
the insurance company will be prohibited from disclosing to the policy
holder the address, telephone number or other contact information of the
abuse victim or of covered service providers. The victim of abuse must
also provide the insurance company with an alternative mailing address,
telephone number or other contact information for the purpose of receiv-
ing specific claims information or for billing purposes. This prohibi-
tion shall be in effect for the duration of the order of protection or
until a written request is made by the abuse victim to cancel the with-
holding of information.
Under this bill, the term "victim of domestic violence" shall have the
same meaning as "victim of domestic violence" is defined in Social
Services Law section 459-a. The "B" print amendment added section one of
the bill that involves a cross reference issue and alters the effective
date language.
JUSTIFICATION: This legislation allows victims of domestic violence to
seek medical and mental health services and to utilize their health
insurance to pay for those services without fear that insurance claims,
forms, or billing correspondence will be sent to the address of the
policyholder, which may be the same address as the alleged abuser.
Instead, this bill will give victims of domestic violence the opportu-
nity to designate alternative contact information so they can receive
insurance correspondence related to their care or process other related
insurance claims in a safe location of their own choosing, such as the
home of a friend or family member, a post office box or a shelter. This
bill also applies to the dependent children of such victim of domestic
violence.
This bill will help protect the privacy and safety of domestic abuse
victims regardless of whether they remain in the same household with
their abuser or not. Victims who leave abusive environments will be
better able to access important medical and mental health care services
if they can use their existing health insurance without fear that claim
and billing correspondence will reveal their location or other sensitive
medical information. Similarly, individuals living in abusive situations
will also be more likely to seek necessary treatment if their privacy
can be assured, and that treatment may be able to help them connect with
the resources available in their communities to help victims of domestic
violence.
PRIOR LEGISLATIVE HISTORY: 2005-06 A.2795 Insurance S.2962 Insurance
2007-06 A.5103 Insurance No Senate 2009-10 A.4052-B Insurance S.5980-A
Passed Senate 2011-12 A.3387-C - ordered to third reading rules cal.46;
No Senate 2013-14 A.3655 Referred to Insurance; No same as
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on January 1st of the year
next succeeding the date upon which it becomes law.
