S T A T E O F N E W Y O R K
________________________________________________________________________
1358
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. CYMBROWITZ, ABBATE, BRONSON, MALLIOTAKIS,
PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. BRENNAN, ROBINSON --
read once and referred to the Committee on Insurance
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
providing covered services to the insured OR FROM MAILING ANY INFORMA-
TION DESCRIBED IN PARAGRAPH (II) OF THIS SUBSECTION TO ANY ADDRESS OTHER
THAN THE DESIGNATED ALTERNATIVE ADDRESS PROVIDED PURSUANT TO SUCH
SUBSECTION. If a child is the covered person, the right established by
this subsection may be asserted by, and shall also extend to, the parent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05254-01-5
A. 1358 2
or guardian of the child. The superintendent, in consultation with the
commissioner of health and the office of children and family services
and the office for the prevention of domestic violence, shall promulgate
rules to guide and enable insurers to guard against the disclosure of
the address and location of an insured who is a victim of domestic
violence.
(g) If any person covered by a group insurance policy delivers to the
insurer that issued the policy, at its home office, (I) a valid order of
protection against another person covered by the group policy, 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 SPECIFIC CLAIM INFORMA-
TION OR FOR SPECIFIC BILLING PURPOSES RELATING TO SUCH INSURED ACCOMPA-
NIED 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 duration 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
person against whom [the] A valid order of protection was issued the
address [and], telephone number OR OTHER CONTACT INFORMATION of the
insured person covered by the order of protection[,]; MAILING ANY INFOR-
MATION DESCRIBED IN PARAGRAPH (II) OF THIS SUBSECTION TO ANY ADDRESS
OTHER THAN THE DESIGNATED ALTERNATIVE ADDRESS PROVIDED PURSUANT TO SUCH
SUBSECTION or; DISCLOSING THE ADDRESS, TELEPHONE NUMBER, OR OTHER
CONTACT INFORMATION of any person or entity providing covered services
to the insured person covered by the order of protection OR THE PERSON
MAKING A REQUEST UNDER THIS SUBSECTION. If a child is the covered
person, the right established by this subsection may be asserted by, and
shall also extend to, the parent or guardian of the child. The super-
intendent, 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 insurers
to guard against the disclosure of the address and location of an
insured who is a 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.