Bill Text: NY S00067 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S00067 Detail]

Download: New_York-2019-S00067-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           67
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (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:
     1    Section  1.   Subsections (f) and (g) of section 2612 of the insurance
     2  law, subsection (f) as amended by chapter 246 of the laws  of  2005  and
     3  subsection  (g) as added by chapter 361 of the laws of 2006, are amended
     4  to read as follows:
     5    (f) If any person covered by an insurance  policy  issued  to  another
     6  person as the policyholder delivers to the insurer that issued the poli-
     7  cy,  at  its  home  office,  (i) a valid order of protection against the
     8  policyholder, issued by a court of competent jurisdiction in this state,
     9  or (ii) a request to designate an alternative mailing address, telephone
    10  number or other contact information for the purpose of receiving specif-
    11  ic claim information or for specific billing purposes relating  to  such
    12  insured accompanied by a signed statement made under oath that he or she
    13  is  a victim of domestic violence and the disclosure of such information
    14  would endanger him or her the insurer shall be prohibited for the  dura-
    15  tion of the order, or until the request made pursuant to this paragraph,
    16  is  cancelled  by the requesting party in writing from disclosing to the
    17  policyholder the address [and], telephone number or other contact infor-
    18  mation of the insured, or of any  person  or  entity  providing  covered
    19  services  to  the  insured  or from mailing any information described in
    20  this paragraph to any address  other  than  the  designated  alternative
    21  address  provided pursuant to such paragraph.  If a child is the covered
    22  person, the right established by this subsection may be asserted by, and
    23  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
     1  intendent,  in  consultation  with  the  commissioner  of health and the
     2  office of children and family services and the office for the prevention
     3  of domestic violence, shall promulgate rules to guide and enable  insur-
     4  ers  to  guard  against the disclosure of the address and location of an
     5  insured who is a victim of domestic violence.
     6    (g) If any person covered by a group insurance policy delivers to  the
     7  insurer that issued the policy, at its home office, (i) a valid order of
     8  protection against another person covered by the group policy, issued by
     9  a  court  of  competent jurisdiction in this state, or (ii) a request to
    10  designate an alternative mailing  address,  telephone  number  or  other
    11  contact information for the purpose of receiving specific claim informa-
    12  tion  or for specific billing purposes relating to such insured accompa-
    13  nied by a signed statement made under oath that he or she is a victim of
    14  domestic violence and the disclosure of such information would  endanger
    15  him or her the insurer shall be prohibited for the duration of the order
    16  or  until  the  request made pursuant to this paragraph, is cancelled by
    17  the requesting party in writing from disclosing to  the  person  against
    18  whom  [the]  a  valid  order of protection was issued the address [and],
    19  telephone number or other contact  information  of  the  insured  person
    20  covered by the order of protection[,]; mailing any information described
    21  in  this  paragraph to any address other than the designated alternative
    22  address provided pursuant to such paragraph; or disclosing the  address,
    23  telephone  number,  or other contact information of any person or entity
    24  providing covered services to the insured person covered by the order of
    25  protection or the person making a request under this  subsection.  If  a
    26  child  is  the  covered person, the right established by this subsection
    27  may be asserted by, and shall also extend to, the parent or guardian  of
    28  the  child. The superintendent, in consultation with the commissioner of
    29  health, the office of children and family services and  the  office  for
    30  the prevention of domestic violence, shall promulgate rules to guide and
    31  enable  insurers  to  guard  against  the  disclosure of the address and
    32  location of an insured who is a victim of domestic violence.
    33    § 2. This act shall take effect on the first of January next  succeed-
    34  ing the date on which it shall have become a law.