assembly Bill A3387C

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2012 ordered to third reading rules cal.46
rules report cal.46
reported
Jun 05, 2012 reported referred to rules
May 23, 2012 reported referred to codes
Apr 26, 2012 print number 3387c
Apr 26, 2012 amend and recommit to insurance
Jan 04, 2012 referred to insurance
Apr 04, 2011 print number 3387b
Apr 04, 2011 amend and recommit to insurance
Mar 03, 2011 print number 3387a
Mar 03, 2011 amend (t) and recommit to insurance
Jan 25, 2011 referred to insurance

Co-Sponsors

Multi-Sponsors

A3387 - Details

Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4052
2013-2014: A3655
2015-2016: A1358
2017-2018: A4060
2019-2020: A2832

A3387 - 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.

A3387 - Bill Text download pdf

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

                                  3387

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, PHEFFER, REILLY, ABBATE -- Multi-
  Sponsored by -- M. of A.  BRENNAN, ROBINSON -- read once and  referred
  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
OR  SUBSCRIBER,  WITH  THE  OPTION  TO  DESIGNATE AN ALTERNATIVE MAILING

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

Co-Sponsors

Multi-Sponsors

A3387A - Details

Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4052
2013-2014: A3655
2015-2016: A1358
2017-2018: A4060
2019-2020: A2832

A3387A - 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.

A3387A - Bill Text download pdf

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

                                 3387--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, PHEFFER, REILLY, ABBATE -- Multi-
  Sponsored by -- M.  of A. BRENNAN, ROBINSON -- read once and  referred
  to  the  Committee on Insurance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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.   Section 2612 of the insurance law is amended by adding a
new subsection (h) to read as follows:
  (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 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 ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER
CONTACT INFORMATION FOR THE PURPOSE OF RECEIVING SPECIFIC CLAIM INFORMA-
TION OR FOR SPECIFIC 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, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES AND THE OFFICE FOR THE PREVENTION
OF  DOMESTIC  VIOLENCE,  SHALL PROMULGATE RULES TO GUIDE AND ENABLE SUCH
INSURERS, CORPORATIONS, ORGANIZATIONS AND PROVIDERS TO GUARD AGAINST THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-03-1

Co-Sponsors

Multi-Sponsors

A3387B - Details

Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4052
2013-2014: A3655
2015-2016: A1358
2017-2018: A4060
2019-2020: A2832

A3387B - 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.

A3387B - Bill Text download pdf

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

                                 3387--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, PHEFFER, REILLY, ABBATE -- Multi-
  Sponsored by -- M.  of A. BRENNAN, ROBINSON -- read once and  referred
  to  the  Committee on Insurance -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

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
BILLING PURPOSES RELATING SPECIFICALLY TO SUCH  INSURED,  SUBSCRIBER  OR
COVERED  PERSON.  SUCH  REQUESTED  DESIGNATION SHALL BE GRANTED UPON THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-05-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3387C (ACTIVE) - Details

Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4052
2013-2014: A3655
2015-2016: A1358
2017-2018: A4060
2019-2020: A2832

A3387C (ACTIVE) - 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.

A3387C (ACTIVE) - Bill Text download pdf

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

                                 3387--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. CYMBROWITZ, REILLY, ABBATE, BRONSON, MALLIOTAKIS
  -- Multi-Sponsored by -- M. of A. BRENNAN, ROBINSON -- read  once  and
  referred  to  the Committee on Insurance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  Subsections (f) and (g) of section 2612 of  the  insurance
law,  subsection  (f)  as amended by chapter 246 of the laws of 2005 and
subsection (g) as added by chapter 361 of the laws of 2006, are  amended
to read as follows:
  (f)  If  any  person  covered by an insurance policy issued to another
person as the policyholder delivers to the insurer that issued the poli-
cy, at its home office, (I) a valid  order  of  protection  against  the
policyholder, issued by a court of competent jurisdiction in this state,
OR (II) A REQUEST TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS, TELEPHONE
NUMBER OR OTHER CONTACT INFORMATION FOR THE PURPOSE OF RECEIVING SPECIF-
IC  CLAIM  INFORMATION OR FOR SPECIFIC BILLING PURPOSES RELATING TO SUCH
INSURED ACCOMPANIED BY A SIGNED STATEMENT MADE UNDER OATH THAT HE OR SHE
IS A VICTIM OF DOMESTIC VIOLENCE AND THE DISCLOSURE OF SUCH  INFORMATION
WOULD  ENDANGER HIM OR HER the insurer shall be prohibited for the dura-
tion of the order, OR UNTIL THE REQUEST MADE PURSUANT TO PARAGRAPH  (II)
OF THIS SUBSECTION, IS CANCELLED BY THE REQUESTING PARTY IN WRITING from
disclosing  to  the  policyholder the address [and], telephone number OR
OTHER CONTACT INFORMATION of the insured, or of  any  person  or  entity

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-06-2