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.
STATE OF NEW YORK
________________________________________________________________________
3655
2013-2014 Regular Sessions
IN ASSEMBLY
January 28, 2013
___________
Introduced by M. of A. CYMBROWITZ, ABBATE, BRONSON, MALLIOTAKIS,
PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. BRENNAN, JACOBS,
ROBINSON -- read once and referred to the Committee on Insurance
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsections (f) and (g) of section 2612 of the insurance
2 law, subsection (f) as amended by chapter 246 of the laws of 2005 and
3 subsection (g) as added by chapter 361 of the laws of 2006, are amended
4 to read as follows:
5 (f) If any person covered by an insurance policy issued to another
6 person as the policyholder delivers to the insurer that issued the poli-
7 cy, at its home office, (i) a valid order of protection against the
8 policyholder, issued by a court of competent jurisdiction in this state,
9 or (ii) a request to designate an alternative mailing address, telephone
10 number or other contact information for the purpose of receiving specif-
11 ic claim information or for specific billing purposes relating to such
12 insured accompanied by a signed statement made under oath that he or she
13 is a victim of domestic violence and the disclosure of such information
14 would endanger him or her the insurer shall be prohibited for the dura-
15 tion of the order, or until the request made pursuant to paragraph (ii)
16 of this subsection, is cancelled by the requesting party in writing from
17 disclosing to the policyholder the address [and], telephone number or
18 other contact information of the insured, or of any person or entity
19 providing covered services to the insured or from mailing any informa-
20 tion described in paragraph (ii) of this subsection to any address other
21 than the designated alternative address provided pursuant to such
22 subsection. If a child is the covered person, the right established by
23 this subsection may be asserted by, and shall also extend to, the parent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06011-01-3
A. 3655 2
1 or guardian of the child. The superintendent, in consultation with the
2 commissioner of health and the office of children and family services
3 and the office for the prevention of domestic violence, shall promulgate
4 rules to guide and enable insurers to guard against the disclosure of
5 the address and location of an insured who is a victim of domestic
6 violence.
7 (g) If any person covered by a group insurance policy delivers to the
8 insurer that issued the policy, at its home office, (i) a valid order of
9 protection against another person covered by the group policy, issued by
10 a court of competent jurisdiction in this state, or (ii) a request to
11 designate an alternative mailing address, telephone number or other
12 contact information for the purpose of receiving specific claim informa-
13 tion or for specific billing purposes relating to such insured accompa-
14 nied by a signed statement made under oath that he or she is a victim of
15 domestic violence and the disclosure of such information would endanger
16 him or her the insurer shall be prohibited for the duration of the order
17 or until the request made pursuant to paragraph (ii) of this subsection,
18 is cancelled by the requesting party in writing from disclosing to the
19 person against whom [the] a valid order of protection was issued the
20 address [and], telephone number or other contact information of the
21 insured person covered by the order of protection[,]; mailing any infor-
22 mation described in paragraph (ii) of this subsection to any address
23 other than the designated alternative address provided pursuant to such
24 subsection or; disclosing the address, telephone number, or other
25 contact information of any person or entity providing covered services
26 to the insured person covered by the order of protection or the person
27 making a request under this subsection. If a child is the covered
28 person, the right established by this subsection may be asserted by, and
29 shall also extend to, the parent or guardian of the child. The super-
30 intendent, in consultation with the commissioner of health, the office
31 of children and family services and the office for the prevention of
32 domestic violence, shall promulgate rules to guide and enable insurers
33 to guard against the disclosure of the address and location of an
34 insured who is a victim of domestic violence.
35 § 2. This act shall take effect on the first of January next succeed-
36 ing the date on which it shall have become a law.
