Bill Text: NY A03655 | 2013-2014 | General Assembly | Introduced


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.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2014-01-08 - referred to insurance [A03655 Detail]

Download: New_York-2013-A03655-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3655
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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.
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