Senate Bill S67

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    67
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed 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 THIS PARAGRAPH,
 IS  CANCELLED  BY THE REQUESTING PARTY IN WRITING from disclosing to the
 policyholder the address [and], telephone number OR OTHER CONTACT INFOR-
 MATION of the insured, or of any  person  or  entity  providing  covered
 services  to  the  insured  OR FROM MAILING ANY INFORMATION DESCRIBED IN
 THIS PARAGRAPH TO ANY ADDRESS  OTHER  THAN  THE  DESIGNATED  ALTERNATIVE
 ADDRESS  PROVIDED PURSUANT TO SUCH PARAGRAPH.  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05156-02-9

 S. 67                               2
 
 intendent,  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  insur-
 ers  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 THIS PARAGRAPH, 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 INFORMATION DESCRIBED
 IN  THIS  PARAGRAPH TO ANY ADDRESS OTHER THAN THE DESIGNATED ALTERNATIVE
 ADDRESS PROVIDED PURSUANT TO SUCH PARAGRAPH; 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 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  insurers  to  guard  against  the  disclosure of the address and
 location of an insured who is a victim of domestic violence.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.