Senate Bill S5980

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

                                 5980--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by Sens. KLEIN, C. JOHNSON, KRUEGER, ONORATO, SAVINO -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Rules  --  recommitted to the Committee on Insurance in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee  and  committed  to  the  Committee  on  Codes  -- 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.
                                                           LBD02912-09-0
              

S. 5980--A                          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

S. 5980--A                          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.