NY State Senate Bill 2009-S1832

Senate Bill S1832

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to insurance
Jul 16, 2009	committed to rules
Jun 03, 2009	advanced to third reading
Jun 02, 2009	2nd report cal.
Jun 01, 2009	1st report cal.507
Feb 09, 2009	referred to insurance

co-Sponsors

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2009-S1832 (ACTIVE) - Details

Law Section:: Insurance Law
Laws Affected:: Amd §3217-a, add §3234-a, Ins L

2009-S1832 (ACTIVE) - Summary

Requires 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.

2009-S1832 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1832

 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 insurance claims or billing purposes


 PURPOSE :
Requires insurers to provide victims of domestic violence with the
option of providing alternative contact information.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends subsection (a) of §3217-a of the insurance law by adding a new
paragraph 16-a requiring insurers to provide notice of the option to
designate alternative contact information, upon request by a victim of
domestic violence, for the purpose of receiving specific claim
information or for specific billing purposes.

Amends the insurance law by adding a new §3234-a requiring insurers to
provide victims of domestic violence the option of designating
alternative contact information for the purpose of receiving specific
claim information or for specific billing purposes.

Defines victims of domestic violence to include any person over the
age of sixteen, any married person, or any parent accompanied by his

or her minor children in situations in which such person or such
person's child is a victim of an act or acts which would constitute a
violation of the penal law and such acts are (1) alleged to have been
committed by a family or household member and (2) have either resulted
in or created a substantial risk of physical or emotional injury.

 JUSTIFICATION :
This legislation will allow victims of domestic violence to seek
medical and mental health services and to use their health insurance
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 care at 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 :
2004 - A.7359 - Referred to Insurance
2006 - S.4801 - Referred to Insurance
2008 - S.2245 - Referred to Insurance

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law and shall apply to policies and contracts issued,
renewed, altered or modified on or after such effective date.

2009-S1832 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1832

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. KLEIN, BRESLIN, DIAZ, DUANE, KRUEGER, ONORATO, SAMP-
  SON,  SAVINO,  SMITH,  STAVISKY -- 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 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  (a) of section 3217-a of the insurance law is
amended by adding a new paragraph 16-a to read as follows:
  (16-A) NOTICE OF  THE  OPTION  TO  DESIGNATE  AN  ALTERNATIVE  MAILING
ADDRESS,  ALTERNATIVE  TELEPHONE  NUMBER  OR  OTHER  ALTERNATIVE CONTACT
INFORMATION, UPON REQUEST OF A VICTIM  OF  DOMESTIC  VIOLENCE,  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;
  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  IS  REQUIRED  TO  PROVIDE  ANY  INSURED  OR
SUBSCRIBER  WHO  IS  A VICTIM OF DOMESTIC VIOLENCE, UPON REQUEST OF SUCH
INSURED OR SUBSCRIBER, WITH THE OPTION TO DESIGNATE AN ALTERNATIVE MAIL-
ING ADDRESS, ALTERNATIVE TELEPHONE NUMBER OR OTHER  ALTERNATIVE  CONTACT
INFORMATION  FOR  THE PURPOSE OF RECEIVING SPECIFIC CLAIM INFORMATION OR
FOR SPECIFIC BILLING PURPOSES.
  (B) FOR PURPOSES OF THIS SECTION, "VICTIM OF DOMESTIC VIOLENCE"  MEANS
ANY  PERSON  OVER  THE AGE OF SIXTEEN, ANY MARRIED PERSON, OR ANY PARENT
ACCOMPANIED BY HIS OR HER MINOR CHILD OR CHILDREN IN SITUATIONS IN WHICH
SUCH PERSON OR SUCH PERSON'S CHILD IS A VICTIM OF  AN  ACT  WHICH  WOULD
CONSTITUTE  A VIOLATION OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED TO,
ACTS CONSTITUTING DISORDERLY  CONDUCT,  HARASSMENT,  MENACING,  RECKLESS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02912-01-9

S. 1832                             2

ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
MURDER; AND (1) SUCH ACT OR ACTS HAVE RESULTED  IN  ACTUAL  PHYSICAL  OR
EMOTIONAL  INJURY  OR  HAVE  CREATED  A  SUBSTANTIAL RISK OF PHYSICAL OR
EMOTIONAL  HARM  TO SUCH PERSON OR SUCH PERSON'S CHILD; AND (2) SUCH ACT
OR ACTS ARE OR ARE ALLEGED TO HAVE BEEN COMMITTED BY A FAMILY OR  HOUSE-
HOLD MEMBER.
  S  3.  This  act shall take effect on the thirtieth day after 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.

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