S T A T E O F N E W Y O R K
________________________________________________________________________
4052--B
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. CYMBROWITZ, JOHN, PHEFFER, REILLY, ABBATE --
Multi-Sponsored by -- M. of A. BRENNAN, KOON, ROBINSON -- read once
and referred to the Committee on Insurance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Insurance in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02912-10-0
A. 4052--B 2
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
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
A. 4052--B 3
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,
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.