senate Bill S1031

Amended

Requires health insurers to provide victims of domestic violence with the option of providing alternative contact information

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO INSURANCE
  • 14 / Feb / 2011
    • 1ST REPORT CAL.86
  • 15 / Feb / 2011
    • 2ND REPORT CAL.
  • 28 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 02 / Mar / 2011
    • AMENDED ON THIRD READING (T) 1031A
  • 04 / Apr / 2011
    • AMENDED ON THIRD READING 1031B
  • 11 / Apr / 2011
    • PASSED SENATE
  • 11 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 11 / Apr / 2011
    • REFERRED TO INSURANCE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE
  • 30 / Jan / 2012
    • 1ST REPORT CAL.131
  • 31 / Jan / 2012
    • 2ND REPORT CAL.
  • 06 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 07 / Feb / 2012
    • PASSED SENATE
  • 07 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 07 / Feb / 2012
    • REFERRED TO INSURANCE

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A3387
Versions:
S1031
S1031A
S1031B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd ยง2612, Ins L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5980A, A4052B
2007-2008: A5103, A5103

Votes

16
0
16
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Insurance committee vote details

Sponsor Memo

BILL NUMBER: S1031

TITLE OF BILL :
An act to amend the insurance law and the public health law, in
relation to allowing victims of domestic violence the opportunity to
designate an alternate address for insurance claims or billing
purposes


PURPOSE :
Requires health insurers to provide victims of domestic violence with
the option of providing alternative contact information so that they
may be able to access their benefits.

SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Adds Insurance Law section 3217-a (a) (16-a) to require
health insurers to provide notice of the option to designate
alternative contact information, upon written request by a victim of
domestic violence, for the purpose of receiving specific claim
information or for specific billing purposes.

Section 2: Adds Insurance Law section 3234-a to require health
insurers to provide victims of domestic violence, upon written request
with the option of designating alternative contact information for the
purpose of receiving specific claim information or for specific
billing purposes.

Section 3: Adds Insurance Law section 4324(a) (19) to require HMOs and
other insurers that offer health care coverage in New York to offer
the same notice to victims of domestic violence as stated above with
regard to designating alternative contact information.

Section 4: Adds Public Health Law section 4408(1) (s) to require HMOs
that offer managed care health insurance products must offer the same
notice to victims of domestic violence as stated above with regard to
designating alternative contact information.

Section 5: Adds Insurance Law section 2612(h) to require health
insurers to offer the same notice to victims of domestic violence as
stated above.

For all bill sections amended under this bill, the term "victim of
domestic violence" shall have the same meaning as "victim of domestic
violence" is defined in Social Services Law section 459-a.

JUSTIFICATION :
This legislation allows victims of domestic violence to seek medical
and mental health services and to use their health insurance and other
insurance coverages to pay for those services without fear that
insurance claims forms and billing correspondence will be sent to the
address of the policyholder, who may be the alleged abuser. Instead,
this bill will allow victims of domestic violence to designate
alternative contact information so they can receive insurance
correspondence related to their health care or process other related
insurance claims in a safe location of their own choosing, such as the
home of a friend or family member, a post office box or a shelter.

This bill will help protect the privacy and safety of domestic abuse
victims regardless of whether they remain in the same household with
their abuser. Victims who leave abusive environments will be better
able to access important medical and mental health care services if
they can use their existing health insurance without fear that claim
and billing correspondence will reveal their location or other
sensitive information. Similarly, individuals living in abusive
situations will also be more likely to seek necessary treatment if
their privacy can be assured, and that treatment may be able to help
them connect with the resources available in their communities to help
victims of domestic violence.

LEGISLATIVE HISTORY :
2010 - S.5980-A - Referred to Insurance
2009 - S.5980 - Passed the Senate
2008 - S.2245 - Referred to Insurance

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on January 1st of the year next succeeding
the date upon which it becomes law and shall apply to policies and
contracts issued, renewed, altered or modified on or after such
effective date.
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1031

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, KRUEGER, MONTGOMERY, SAVINO, SQUADRON -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Insurance

AN ACT to amend the insurance law and the public health law, in relation
  to allowing victims of domestic violence the opportunity to  designate
  an alternate address for insurance claims or billing purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 16 of subsection (a) of  section  3217-a  of  the
insurance  law,  as added by chapter 705 of the laws of 1996, is amended
and a new paragraph 16-a is added to read as follows:
  (16) notice of all appropriate mailing addresses and telephone numbers
to be utilized by insureds seeking information or authorization; [and]
  (16-A) NOTICE OF  THE  OPTION  TO  DESIGNATE  AN  ALTERNATIVE  MAILING
ADDRESS,  TELEPHONE  NUMBER OR OTHER ALTERNATIVE CONTACT INFORMATION FOR
THE PURPOSE OF RECEIVING SPECIFIC  CLAIM  INFORMATION  OR  FOR  SPECIFIC
BILLING  PURPOSES PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED THIRTY-
FOUR-A OF THIS ARTICLE WHEN THE REQUESTED DESIGNATION  IS  SUBMITTED  TO
SUCH  INSURER  BY A WRITTEN ATTESTATION BY A VICTIM OF DOMESTIC VIOLENCE
STATING THAT THE DISCLOSURE OF SUCH INFORMATION COULD  ENDANGER  HIM  OR
HER; AND
  S  2.  The  insurance law is amended by adding a new section 3234-a to
read as follows:
  S 3234-A. ALTERNATIVE CONTACT  INFORMATION  FOR  VICTIMS  OF  DOMESTIC
VIOLENCE.  (A)  EVERY INSURER, CORPORATION ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THIS CHAPTER, MUNICIPAL COOPERATIVE HEALTH BENEFITS  PLAN
CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-SEVEN OF THIS CHAPTER AND HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW IS REQUIRED TO PROVIDE ANY INSURED OR  SUBSCRIBER  WHO
IS  A  VICTIM OF DOMESTIC VIOLENCE, UPON WRITTEN REQUEST OF SUCH INSURED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-01-1

S. 1031                             2

OR SUBSCRIBER, WITH THE  OPTION  TO  DESIGNATE  AN  ALTERNATIVE  MAILING
ADDRESS,  TELEPHONE  NUMBER OR OTHER ALTERNATIVE CONTACT INFORMATION FOR
THE PURPOSE OF RECEIVING SPECIFIC  CLAIM  INFORMATION  OR  FOR  SPECIFIC
BILLING PURPOSES.
  (B)  THE  WRITTEN  REQUEST  REQUIRED BY SUBSECTION (A) OF THIS SECTION
SHALL BE IN THE FORM OF AN ATTESTATION STATING THAT  THE  DISCLOSURE  OF
SUCH INFORMATION COULD ENDANGER THE INSURED OR SUBSCRIBER.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  THE  TERM  "VICTIM OF DOMESTIC
VIOLENCE" SHALL HAVE THE SAME  MEANING  AS  CONTAINED  IN  SECTION  FOUR
HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
  S  3.  Paragraphs 17 and   18 of subsection (a) of section 4324 of the
insurance law, as added by chapter 705 of the laws of 1996, are  amended
and a new paragraph 19 is added to read as follows:
  (17) where applicable, a listing by specialty, which may be in a sepa-
rate  document that is updated annually, of the name, address, and tele-
phone number of all participating providers, including  facilities,  and
in addition, in the case of physicians, board certification; [and]
  (18)  a description of the mechanisms by which subscribers may partic-
ipate in the development of the policies of the corporation[.]; AND
  (19) NOTICE OF THE OPTION TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS,
TELEPHONE NUMBER  OR  OTHER  ALTERNATIVE  CONTACT  INFORMATION  FOR  THE
PURPOSE  OF RECEIVING SPECIFIC CLAIM INFORMATION OR FOR SPECIFIC BILLING
PURPOSES PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED THIRTY-FOUR-A OF
THIS CHAPTER WHEN THE REQUESTED DESIGNATION IS SUBMITTED TO SUCH  CORPO-
RATION BY A WRITTEN ATTESTATION BY A VICTIM OF DOMESTIC VIOLENCE STATING
THAT THE DISCLOSURE OF SUCH INFORMATION COULD ENDANGER HIM OR HER.
  S  4.  Paragraphs  (q) and (r) of subdivision 1 of section 4408 of the
public health law, as added by chapter 705 of  the  laws  of  1996,  are
amended and a new paragraph (s) is added to read as follows:
  (q)  notice of all appropriate mailing addresses and telephone numbers
to be utilized by enrollees seeking information or authorization; [and]
  (r) a listing by specialty, which may be in a separate  document  that
is  updated  annually,  of the name, address and telephone number of all
participating providers, including facilities, and, in addition, in  the
case of physicians, board certification[.]; AND
  (S)  NOTICE OF THE OPTION TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS,
TELEPHONE NUMBER  OR  OTHER  ALTERNATIVE  CONTACT  INFORMATION  FOR  THE
PURPOSE  OF RECEIVING SPECIFIC CLAIM INFORMATION OR FOR SPECIFIC BILLING
PURPOSES PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED THIRTY-FOUR-A OF
THE INSURANCE LAW WHEN THE REQUESTED DESIGNATION  IS  SUBMITTED  TO  THE
HEALTH  MAINTENANCE ORGANIZATION BY A WRITTEN ATTESTATION BY A VICTIM OF
DOMESTIC VIOLENCE STATING THAT THE DISCLOSURE OF SUCH INFORMATION  COULD
ENDANGER HIM OR HER.
  S  5.  Section  2612  of  the insurance law is amended by adding a new
subsection (h) to read as follows:
  (H) IN ACCORDANCE WITH AND SUBJECT  TO  THE  PROVISIONS  OF  PARAGRAPH
SIXTEEN-A OF SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED SEVEN-
TEEN-A,  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-FOUR-A AND PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE HUNDRED  TWEN-
TY-FOUR OF THIS CHAPTER, AND PARAGRAPH (S) OF SUBDIVISION ONE OF SECTION
FORTY-FOUR HUNDRED EIGHT OF THE PUBLIC HEALTH LAW, IF ANY PERSON COVERED
BY AN INSURANCE POLICY OR CONTRACT ISSUED TO ANOTHER PERSON AS THE POLI-
CY  HOLDER  OR  SUBSCRIBER  DELIVERS  TO  THE  ISSUER  OF SUCH POLICY OR
CONTRACT, AT ITS HOME OFFICE, A NOTICE THAT SUCH INSURED  OR  SUBSCRIBER
IS  A  VICTIM  OF  DOMESTIC  VIOLENCE,  THEN SUCH ISSUER SHALL HONOR THE
REQUEST OF SUCH VICTIM TO  DESIGNATE  AN  ALTERNATIVE  MAILING  ADDRESS,

S. 1031                             3

TELEPHONE  NUMBER  OR  OTHER  ALTERNATIVE  CONTACT  INFORMATION  FOR THE
PURPOSE OF RECEIVING SPECIFIC CLAIM INFORMATION OR FOR SPECIFIC  BILLING
PURPOSES.  FOR  THE  PURPOSES  OF  THIS  SUBSECTION, THE TERM "VICTIM OF
DOMESTIC  VIOLENCE"  SHALL HAVE THE SAME MEANING AS CONTAINED IN SECTION
FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
  S 6. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
policies and contracts issued, renewed, altered or modified on or  after
such effective date.

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