senate Bill S1031B

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

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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

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
2007-2008: A5103

Sponsor Memo

BILL NUMBER:S1031B

TITLE OF BILL:
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

PURPOSE:
Requires health insurers and health maintenance organizations to
provide victims of domestic violence with the option of providing
alternative contact information so that they may be able to access
their claims information and benefits in a manner that shields and
protects them from their abuser.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Insurance Law section 2612 to make a technical
change and cross reference, also
adds Insurance Law section 2612 (h) to require health
insurers and health maintenance organizations (HMOs) to give victims
of domestic violence with the option to designate alternative contact
information, for themselves and their dependent children, upon
written request by such a victim of domestic violence. The written
request must be in a form of a written attestation of the insured,
subscriber, or covered person, that such person is a victim of
domestic violence. Once such attestation has been filed, an
alternative mailing address, telephone number or other contact
information shall be used for the purpose of receiving specific
claims information or for specific billing purposes.

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. The "B" print amendment added section one
of the bill that involves a cross reference issue and alters the
effective date language.

Section 2: Effective date.

JUSTIFICATION:
This legislation allows victims of domestic violence to seek medical
and mental health services and to utilize their health insurance to
pay for those services without fear that insurance claims, forms, or
billing correspondence will be sent to the address of the
policyholder, which may be the same address as the alleged abuser.
Instead, this bill will
give victims of domestic violence the opportunity 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 also applies to the dependent children of such
victim of domestic violence.


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 or not. 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 medical 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 - Passed Senate
2009: S.5980 - Passed 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1031--B
    Cal. No. 86

                       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 --  reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third reading

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:

  Section  1.  Subsection  (e)  of section 2612 of the insurance law, as
amended by chapter 361 of the  laws  of  2006,  is  amended  and  a  new
subsection (h) is added to read as follows:
  (e)  An insurer that complies with subsections (a), (f) [and], (g) AND
(H) of this section and acts reasonably and in good faith shall  not  be
subject  to  civil  or  criminal liability on account of compliance with
such subsections.
  (H) NOTWITHSTANDING THE DEFINITIONS ESTABLISHED IN PARAGRAPHS TWO  AND
THREE  OF  SUBSECTION  (C)  OF THIS SECTION, EVERY INSURER, CORPORATION,
ORGANIZATION AND PROVIDER  WHICH  ISSUES  A  POLICY  OR  CONTRACT  WHICH
PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR MEDICAL COVERAGE, OR SIMILAR
COMPREHENSIVE   TYPE   COVERAGE,   PURSUANT  TO  ARTICLE  THIRTY-TWO  OR
FORTY-THREE OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE  PUBLIC  HEALTH
LAW,  SHALL  PROVIDE  ANY INSURED, SUBSCRIBER OR COVERED PERSON WHO IS A
VICTIM OF DOMESTIC VIOLENCE,  UPON  WRITTEN  REQUEST  OF  SUCH  INSURED,
SUBSCRIBER  OR  COVERED PERSON, WITH THE OPTION TO DESIGNATE AN ALTERNA-
TIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER CONTACT INFORMATION  FOR
THE  PURPOSE  OF  RECEIVING  SPECIFIC  CLAIM INFORMATION OR FOR SPECIFIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-04-1

S. 1031--B                          2

BILLING PURPOSES RELATING SPECIFICALLY TO SUCH  INSURED,  SUBSCRIBER  OR
COVERED  PERSON.  SUCH  REQUESTED  DESIGNATION SHALL BE GRANTED UPON THE
WRITTEN ATTESTATION OF THE INSURED, SUBSCRIBER OR COVERED PERSON THAT HE
OR  SHE  IS  A  VICTIM  OF  DOMESTIC VIOLENCE AND THE DISCLOSURE OF SUCH
INFORMATION WOULD ENDANGER HIM OR HER. IF A CHILD IS THE COVERED PERSON,
THE RIGHT ESTABLISHED BY THIS SUBSECTION MAY BE ASSERTED BY,  AND  SHALL
EXTEND  TO, THE PARENT OR GUARDIAN OF THE CHILD.  THE SUPERINTENDENT MAY
PROMULGATE RULES TO GUIDE AND ENABLE SUCH INSURERS, CORPORATIONS, ORGAN-
IZATIONS AND PROVIDERS TO GUARD AGAINST THE DISCLOSURE  OF  THE  ADDRESS
AND  LOCATION  OF  AN  INSURED,  SUBSCRIBER OR COVERED PERSON WHO IS THE
VICTIM OF DOMESTIC VIOLENCE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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