Bill Text: NY S05396 | 2017-2018 | General Assembly | Introduced

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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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INSURANCE [S05396 Detail]

Download: New_York-2017-S05396-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5396
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 24, 2017
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed 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
    24  or  guardian  of the child. The superintendent, in consultation with the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06469-01-7
        S. 5396                             2
     1  commissioner of health and the office of children  and  family  services
     2  and the office for the prevention of domestic violence, shall promulgate
     3  rules  to  guide  and enable insurers to guard against the disclosure of
     4  the  address  and  location  of  an  insured who is a victim of domestic
     5  violence.
     6    (g) If any person covered by a group insurance policy delivers to  the
     7  insurer that issued the policy, at its home office, (i) a valid order of
     8  protection against another person covered by the group policy, issued by
     9  a  court  of  competent jurisdiction in this state, or (ii) a request to
    10  designate an alternative mailing  address,  telephone  number  or  other
    11  contact information for the purpose of receiving specific claim informa-
    12  tion  or for specific billing purposes relating to such insured accompa-
    13  nied by a signed statement made under oath that he or she is a victim of
    14  domestic violence and the disclosure of such information would  endanger
    15  him or her the insurer shall be prohibited for the duration of the order
    16  or until the request made pursuant to paragraph (ii) of this subsection,
    17  is  cancelled  by the requesting party in writing from disclosing to the
    18  person against whom [the] a valid order of  protection  was  issued  the
    19  address  [and],  telephone  number  or  other contact information of the
    20  insured person covered by the order of protection[,]; mailing any infor-
    21  mation described in paragraph (ii) of this  subsection  to  any  address
    22  other  than the designated alternative address provided pursuant to such
    23  subsection or;  disclosing  the  address,  telephone  number,  or  other
    24  contact  information  of any person or entity providing covered services
    25  to the insured person covered by the order of protection or  the  person
    26  making  a  request  under  this  subsection.  If  a child is the covered
    27  person, the right established by this subsection may be asserted by, and
    28  shall also extend to, the parent or guardian of the  child.  The  super-
    29  intendent,  in  consultation with the commissioner of health, the office
    30  of children and family services and the office  for  the  prevention  of
    31  domestic  violence,  shall promulgate rules to guide and enable insurers
    32  to guard against the disclosure  of  the  address  and  location  of  an
    33  insured who is a victim of domestic violence.
    34    §  2. This act shall take effect on the first of January next succeed-
    35  ing the date on which it shall have become a law.