S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4060
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ,  ABBATE,  BRONSON,  MALLIOTAKIS,
   PEOPLES-STOKES, WEPRIN, ABINANTI -- Multi-Sponsored by  --  M.  of  A.
   RICHARDSON -- 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.
              

                                                            LBD06469-01-7

 A. 4060                             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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.