S T A T E   O F   N E W   Y O R K
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                                  3655

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ,  ABBATE,  BRONSON,  MALLIOTAKIS,
  PEOPLES-STOKES -- Multi-Sponsored by --  M.  of  A.  BRENNAN,  JACOBS,
  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.
                                                           LBD06011-01-3
              

A. 3655                             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.