New York State Assembly

 
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A04060 Summary:

A04060 Actions:

A04060 Committee Votes:

Committee:INSURANCE   Chair:Cahill      
DATE:03/07/2017AYE/NAY:25/0  Action: Favorable refer to committee Codes        
Cahill
Aye
Barclay
Aye
Cook
Aye
Butler
Aye
Pretlow
Aye
Hawley
Aye
Rivera
Aye
Blankenbush
Aye
Peoples-Stokes
Aye
Curran
Aye
Cymbrowitz
Aye
Walter
Aye
Lavine
Aye
Garbarino
Aye
Moya
Aye
Hevesi
Aye
Skoufis
Aye
Steck
Aye
Crespo
Aye
Joyner
Aye
Dilan
Aye
Hunter
Aye
Simotas
Aye
Walker
Aye
Niou
Aye

Committee:CODES   Chair:Lentol      
DATE:03/13/2017AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Absent
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

A04060 Floor Votes:

A04060 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4060
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ,  ABBATE,  BRONSON,  MALLIOTAKIS,
          PEOPLES-STOKES, WEPRIN, ABINANTI -- Multi-Sponsored by  --  M.  of  A.
          RICHARDSON -- 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.
                                                                   LBD06469-01-7
        A. 4060                             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.