senate Bill S1031B

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 07, 2012 referred to insurance
delivered to assembly
passed senate
Feb 06, 2012 advanced to third reading
Jan 31, 2012 2nd report cal.
Jan 30, 2012 1st report cal.131
Jan 04, 2012 referred to insurance
returned to senate
died in assembly
Apr 11, 2011 referred to insurance
delivered to assembly
passed senate
Apr 04, 2011 amended on third reading 1031b
Mar 02, 2011 amended on third reading (t) 1031a
Feb 28, 2011 advanced to third reading
Feb 15, 2011 2nd report cal.
Feb 14, 2011 1st report cal.86
Jan 05, 2011 referred to insurance

Votes

view votes

Jan 30, 2012 - Insurance committee Vote

S1031B
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Insurance committee vote details

Feb 14, 2011 - Insurance committee Vote

S1031
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S1031 - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S5980A

S1031 - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S1031A - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S5980A

S1031A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1031A

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: 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.

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 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1031--A
    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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04851-02-1

S. 1031--A                          2

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
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 and shall apply to all
policies and contracts issued, renewed, altered or modified on or  after
such effective date.

Co-Sponsors

view additional co-sponsors

S1031B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §2612, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S5980A

S1031B (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.