New York State Assembly

 
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A02519 Summary:

A02519 Actions:

A02519 Committee Votes:

Committee:INSURANCE   Chair:Cahill      
DATE:04/28/2021AYE/NAY:25/0  Action: Favorable refer to committee Codes        
Cahill
Aye
Blankenbush
Aye
Cook
Aye
Hawley
Aye
Pretlow
Aye
Byrne
Aye
Rivera
Aye
Schmitt
Aye
Cymbrowitz
Aye
Palmesano
Aye
Lavine
Aye
DiPietro
Aye
Steck
Aye
Gandolfo
Aye
Dilan
Aye
Hunter
Aye
Niou
Aye
Rosenthal
Aye
Stern
Aye
McDonald
Aye
Jacobson
Aye
Williams
Aye
Meeks
Aye
Forrest
Aye
Anderson
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/04/2021AYE/NAY:22/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

A02519 Floor Votes:

A02519 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2519--A
                                                                Cal. No. 107
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ, ABBATE, BRONSON, PEOPLES-STOKES,
          WEPRIN, ABINANTI, SEAWRIGHT, BICHOTTE HERMELYN, HEVESI, RAMOS,  REYES,
          GOTTFRIED, WALCZYK, WALLACE, CRUZ, JACOBSON, SILLITTI -- read once and
          referred  to  the Committee on Insurance -- ordered to a third reading
          -- passed by Assembly and delivered to the Senate, recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on the special order of third reading
 
        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, a valid order of protection against the policy-
     8  holder, issued by a court of competent jurisdiction in this  state,  or,
     9  except  where  the  insurance  policy  was issued by a health insurer as
    10  defined in subparagraph (B) of paragraph (1) of subsection (h)  of  this
    11  section,  a  request  to designate an alternative mailing address, tele-
    12  phone number or method of contact for the  purpose  of  receiving  claim
    13  related  information if the person states that disclosure of all or part
    14  of the claim related information could endanger the person, the  insurer
    15  shall  be prohibited for the duration of the order, or until the request
    16  designating an alternative mailing address, telephone  number  or  other
    17  method of contact is cancelled by the requesting person in writing, from
    18  disclosing  to the policyholder the address [and], telephone number [of]
    19  or other method of contact for the insured, or [of] for  any  person  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06979-03-2
        A. 2519--A                          2
 
     1  entity providing covered services to the insured, any personally identi-
     2  fying  information of the insured, or the nature of the covered services
     3  provided to the insured,  or  from  mailing,  delivering,  or  otherwise
     4  providing  claim  related  information to any mailing address, telephone
     5  number, or other method of contact  other than  as  designated   by  the
     6  requesting  person  pursuant  to  this  subsection.    If a child is the
     7  covered person, the right established by this subsection may be asserted
     8  by, and shall also extend to, the parent or guardian of  the  child.  An
     9  insurer  may  require a person making a request to designate an alterna-
    10  tive mailing address, telephone number or other method of contact pursu-
    11  ant to this subsection to: make the request in writing; include  in  the
    12  request  a statement that disclosure of all or part of the claim related
    13  information to which the request pertains could endanger the  person  or
    14  child;  and specify an alternative mailing address, telephone number, or
    15  other method of contact.   For the purpose of  this  subsection,  "claim
    16  related  information"  means  all  claim or billing information relating
    17  specifically to an insured or person  covered  by  an  insurance  policy
    18  issued  by an insurer other than a health insurer as defined in subpara-
    19  graph (B) of paragraph (1) of subsection (h) of this section. The super-
    20  intendent, in consultation with  the  commissioner  of  health  and  the
    21  office of children and family services and the office for the prevention
    22  of  domestic violence, shall promulgate rules to guide and enable insur-
    23  ers to guard against the disclosure of the address and  location  of  an
    24  insured who is a victim of domestic violence.
    25    (g)  If any person covered by a group insurance policy delivers to the
    26  insurer that issued the policy, at its home office, (i) a valid order of
    27  protection against another person covered by the group policy, issued by
    28  a court of competent jurisdiction in this state, or,  except  where  the
    29  insurance  policy  was issued by a health insurer as defined in subpara-
    30  graph (B) of paragraph (1) of subsection (h) of this section, a  request
    31  to designate  an  alternative   mailing   address, telephone  number  or
    32  other  method  of  contact  for  the  purpose of receiving claim related
    33  information if the person states that disclosure of all or part  of  the
    34  claim  related  information could endanger the person, the insurer shall
    35  be prohibited for the duration of the order, or until the request desig-
    36  nating an alternative  mailing address, telephone number or other method
    37  of contact is  cancelled  by the requesting   person   in writing,  from
    38  disclosing  to the person against whom [the] a valid order of protection
    39  was issued the address [and], telephone number [of] or other  method  of
    40  contact  for  the  insured  person covered by the order of protection or
    41  [of] for any person or entity providing covered services to the  insured
    42  person  covered  by  the order of protection, any personally identifying
    43  information of the insured,  or  the  nature  of  the  covered  services
    44  provided  to  the  insured,  or  from  mailing, delivering, or otherwise
    45  providing claim related information to any  mailing  address,  telephone
    46  number,  or  other method of contact  other than  as  designated  by the
    47  requesting person pursuant to this subsection. If a child is the covered
    48  person, the right established by this subsection may be asserted by, and
    49  shall also extend to, the parent or guardian of the  child.  An  insurer
    50  may  require a person making a request to designate an alternative mail-
    51  ing address, telephone number or other method  of  contact  pursuant  to
    52  this  subsection to: make the request in writing; include in the request
    53  a statement that disclosure of all or part of the claim related informa-
    54  tion to which the request pertains could endanger the person  or  child;
    55  and  specify  an alternative mailing address, telephone number, or other
    56  method of contact.  For the purpose of this subsection,  "claim  related
        A. 2519--A                          3
 
     1  information"  means  all  claim  or billing information relating specif-
     2  ically to an insured or person covered by an insurance policy issued  by
     3  an insurer other than a health insurer as defined in subparagraph (B) of
     4  paragraph  (1) of subsection (h) of this section. The superintendent, in
     5  consultation with the commissioner of health, the office of children and
     6  family services and the office for the prevention of domestic  violence,
     7  shall promulgate rules to guide and enable insurers to guard against the
     8  disclosure  of the address and location of an insured who is a victim of
     9  domestic violence.
    10    § 2. This act shall take effect on the first of January next  succeed-
    11  ing the date on which it shall have become a law.