NY State Senate Bill 2017-S5396

Senate Bill S5396

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to insurance
Mar 24, 2017	referred to insurance

co-Sponsors

2017-S5396 (ACTIVE) - Details

See Assembly Version of this Bill:: A4060
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §2612, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4052
2011-2012: A3387
2013-2014: A3655
2015-2016: A1358
2019-2020: S67, A2832
2021-2022: S7263, A2519

2017-S5396 (ACTIVE) - Summary

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.

2017-S5396 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5396

 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 health insurance claims or billing purposes

 PURPOSE :

Requires health insurers and health maintenance organizations to
provide victims of domestic violence with the option of providing
alternative contact information so that they may be able to access
their claims information and benefits in a manner that shields and
protects them from their abuser.

 SUMMARY OF SPECIFIC PROVISIONS :

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 to make a
technical change and cross reference.

Require issuers of insurance policies to give victims of domestic
violence, whose abuser is the policyholder, with the option to
designate alternative contact information, for themselves and their
dependent children, once the victim of abuse provides the insurance
company with a valid order of protection against the policyholder or

upon written request accompanied by a signed statement made under oath
that he/she is a victim of domestic abuse and that the disclosure of
such information would endanger him/her. Once either of these is filed
with the insurer, the insurance company will be prohibited from
disclosing to the policy holder the address, telephone number or other
contact information of the abuse victim or of covered service
providers. The victim of abuse must also provide the insurance company
with an alternative mailing address, telephone number or other contact
information for the purpose of receiving specific claims information
or for billing purposes. This prohibition shall be in effect for the
duration of the order of protection or until a written request is made
by the abuse victim to cancel the withholding of information.

Under this bill, the term "victim of domestic violence" shall have the
same meaning as "victim of domestic violence" is defined in Social
Services Law section 459-a. The "B" print amendment added section one
of the bill that involves a cross reference issue and alters the
effective date language.

 JUSTIFICATION :

This legislation allows victims of domestic violence to seek medical
and mental health services and to utilize their health insurance to
pay for those services without fear that insurance claims, forms, or
billing correspondence will be sent to the address of the
policyholder, which may be the same address as the alleged abuser.

Instead, this bill will give victims of domestic violence the
opportunity to designate alternative contact information so they can
receive insurance correspondence related to their care or process
other related insurance claims in 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 also applies to the dependent children of
such victim of domestic violence.

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 or not. 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 medical 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.

 PRIOR LEGISLATIVE HISTORY :

2005-06 A.2795 Insurance S.2962 Insurance
2007-06 A.5103 Insurance No Senate
2009-10 A.4052-B Insurance S.5980-A Passed Senate
2011-12 A.3387-C - ordered to third reading rules cal.46; No Senate
2013-14 A.3655 Referred to Insurance; No same as
2015-16 A.1358 Referred to Insurance; No same as

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on January 1st of the year next succeeding
the date upon which it becomes law.

2017-S5396 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5396
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2017
                                ___________
 
 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 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
 or  guardian  of the child. The superintendent, in consultation with the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06469-01-7

 S. 5396                             2
 
 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.

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Senate Bill S5396

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Sponsored By

Joseph E. Robach