Assembly Bill A3387C

                            
                    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
              

A. 3387                             2

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,
TELEPHONE  NUMBER  OR  OTHER  ALTERNATIVE  CONTACT  INFORMATION  FOR THE

A. 3387                             3

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.

                            
                    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
              

A. 3387--A                          2

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.

                            
                    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
              

A. 3387--B                          2

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.