Bill Text: NY A03387 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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. [Track Bill]

Status: 2012-06-06 - ordered to third reading rules cal.46 [A03387 Detail]

Download: New_York-2011-A03387-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3387--C
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by M. of A. CYMBROWITZ, REILLY, ABBATE, BRONSON, MALLIOTAKIS
         -- Multi-Sponsored by -- M. of A. BRENNAN, ROBINSON -- read  once  and
         referred  to  the Committee on Insurance -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  again  reported  from said committee with amendments, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04851-06-2
       A. 3387--C                          2
    1  providing  covered  services to the insured OR FROM MAILING ANY INFORMA-
    2  TION DESCRIBED IN PARAGRAPH (II) OF THIS SUBSECTION TO ANY ADDRESS OTHER
    3  THAN THE  DESIGNATED  ALTERNATIVE  ADDRESS  PROVIDED  PURSUANT  TO  SUCH
    4  SUBSECTION.   If a child is the covered person, the right established by
    5  this subsection may be asserted by, and shall also extend to, the parent
    6  or guardian of the child. The superintendent, in consultation  with  the
    7  commissioner  of  health  and the office of children and family services
    8  and the office for the prevention of domestic violence, shall promulgate
    9  rules to guide and enable insurers to guard against  the  disclosure  of
   10  the  address  and  location  of  an  insured who is a victim of domestic
   11  violence.
   12    (g) If any person covered by a group insurance policy delivers to  the
   13  insurer that issued the policy, at its home office, (I) a valid order of
   14  protection against another person covered by the group policy, issued by
   15  a  court  of  competent jurisdiction in this state, OR (II) A REQUEST TO
   16  DESIGNATE AN ALTERNATIVE MAILING  ADDRESS,  TELEPHONE  NUMBER  OR  OTHER
   17  CONTACT INFORMATION FOR THE PURPOSE OF RECEIVING SPECIFIC CLAIM INFORMA-
   18  TION  OR FOR SPECIFIC BILLING PURPOSES RELATING TO SUCH INSURED ACCOMPA-
   19  NIED BY A SIGNED STATEMENT MADE UNDER OATH THAT HE OR SHE IS A VICTIM OF
   20  DOMESTIC VIOLENCE AND THE DISCLOSURE OF SUCH INFORMATION WOULD  ENDANGER
   21  HIM OR HER the insurer shall be prohibited for the duration of the order
   22  OR UNTIL THE REQUEST MADE PURSUANT TO PARAGRAPH (II) OF THIS SUBSECTION,
   23  IS  CANCELLED  BY THE REQUESTING PARTY IN WRITING from disclosing to the
   24  person against whom [the] A valid order of  protection  was  issued  the
   25  address  [and],  telephone  number  OR  OTHER CONTACT INFORMATION of the
   26  insured person covered by the order of protection[,]; MAILING ANY INFOR-
   27  MATION DESCRIBED IN PARAGRAPH (II) OF THIS  SUBSECTION  TO  ANY  ADDRESS
   28  OTHER  THAN THE DESIGNATED ALTERNATIVE ADDRESS PROVIDED PURSUANT TO SUCH
   29  SUBSECTION or;  DISCLOSING  THE  ADDRESS,  TELEPHONE  NUMBER,  OR  OTHER
   30  CONTACT  INFORMATION  of any person or entity providing covered services
   31  to the insured person covered by the order of protection OR  THE  PERSON
   32  MAKING  A  REQUEST  UNDER  THIS  SUBSECTION.  If  a child is the covered
   33  person, the right established by this subsection may be asserted by, and
   34  shall also extend to, the parent or guardian of the  child.  The  super-
   35  intendent,  in  consultation with the commissioner of health, the office
   36  of children and family services and the office  for  the  prevention  of
   37  domestic  violence,  shall promulgate rules to guide and enable insurers
   38  to guard against the disclosure  of  the  address  and  location  of  an
   39  insured who is a victim of domestic violence.
   40    S  2. This act shall take effect on the first of January next succeed-
   41  ing the date on which it shall have become a law.