S T A T E O F N E W Y O R K
________________________________________________________________________
7263--A
Cal. No. 1086
2021-2022 Regular Sessions
I N S E N A T E
June 28, 2021
___________
Introduced by Sens. LIU, MATTERA, SERINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules --
recommitted to the Committee on Insurance in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
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, a valid order of protection against the policy-
holder, issued by a court of competent jurisdiction in this state, OR,
EXCEPT WHERE THE INSURANCE POLICY WAS ISSUED BY A HEALTH INSURER AS
DEFINED IN SUBPARAGRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H) OF THIS
SECTION, A REQUEST TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS, TELE-
PHONE NUMBER OR METHOD OF CONTACT FOR THE PURPOSE OF RECEIVING CLAIM
RELATED INFORMATION IF THE PERSON STATES THAT DISCLOSURE OF ALL OR PART
OF THE CLAIM RELATED INFORMATION COULD ENDANGER THE PERSON, the insurer
shall be prohibited for the duration of the order, OR UNTIL THE REQUEST
DESIGNATING AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER
METHOD OF CONTACT IS CANCELLED BY THE REQUESTING PERSON IN WRITING, from
disclosing to the policyholder the address [and], telephone number [of]
OR OTHER METHOD OF CONTACT FOR the insured, or [of] FOR any person or
entity providing covered services to the insured, ANY PERSONALLY IDENTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06979-02-2
S. 7263--A 2
FYING INFORMATION OF THE INSURED, OR THE NATURE OF THE COVERED SERVICES
PROVIDED TO THE INSURED, OR FROM MAILING, DELIVERING, OR OTHERWISE
PROVIDING CLAIM RELATED INFORMATION TO ANY MAILING ADDRESS, TELEPHONE
NUMBER, OR OTHER METHOD OF CONTACT OTHER THAN AS DESIGNATED BY THE
REQUESTING PERSON PURSUANT TO 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. AN
INSURER MAY REQUIRE A PERSON MAKING A REQUEST TO DESIGNATE AN ALTERNA-
TIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD OF CONTACT PURSU-
ANT TO THIS SUBSECTION TO: MAKE THE REQUEST IN WRITING; INCLUDE IN THE
REQUEST A STATEMENT THAT DISCLOSURE OF ALL OR PART OF THE CLAIM RELATED
INFORMATION TO WHICH THE REQUEST PERTAINS COULD ENDANGER THE PERSON OR
CHILD; AND SPECIFY AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER, OR
OTHER METHOD OF CONTACT. FOR THE PURPOSE OF THIS SUBSECTION, "CLAIM
RELATED INFORMATION" MEANS ALL CLAIM OR BILLING INFORMATION RELATING
SPECIFICALLY TO AN INSURED OR PERSON COVERED BY AN INSURANCE POLICY
ISSUED BY AN INSURER OTHER THAN A HEALTH INSURER AS DEFINED IN SUBPARA-
GRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H) OF THIS SECTION. The super-
intendent, 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 insur-
ers 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, EXCEPT WHERE THE
INSURANCE POLICY WAS ISSUED BY A HEALTH INSURER AS DEFINED IN SUBPARA-
GRAPH (B) OF PARAGRAPH (1) OF SUBSECTION (H) OF THIS SECTION, A REQUEST
TO DESIGNATE AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER OR
OTHER METHOD OF CONTACT FOR THE PURPOSE OF RECEIVING CLAIM RELATED
INFORMATION IF THE PERSON STATES THAT DISCLOSURE OF ALL OR PART OF THE
CLAIM RELATED INFORMATION COULD ENDANGER THE PERSON, the insurer shall
be prohibited for the duration of the order, OR UNTIL THE REQUEST DESIG-
NATING AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD
OF CONTACT IS CANCELLED BY THE REQUESTING PERSON IN WRITING, from
disclosing to the person against whom [the] A valid order of protection
was issued the address [and], telephone number [of] OR OTHER METHOD OF
CONTACT FOR the insured person covered by the order of protection or
[of] FOR any person or entity providing covered services to the insured
person covered by the order of protection, ANY PERSONALLY IDENTIFYING
INFORMATION OF THE INSURED, OR THE NATURE OF THE COVERED SERVICES
PROVIDED TO THE INSURED, OR FROM MAILING, DELIVERING, OR OTHERWISE
PROVIDING CLAIM RELATED INFORMATION TO ANY MAILING ADDRESS, TELEPHONE
NUMBER, OR OTHER METHOD OF CONTACT OTHER THAN AS DESIGNATED BY THE
REQUESTING PERSON PURSUANT TO 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. AN INSURER
MAY REQUIRE A PERSON MAKING A REQUEST TO DESIGNATE AN ALTERNATIVE MAIL-
ING ADDRESS, TELEPHONE NUMBER OR OTHER METHOD OF CONTACT PURSUANT TO
THIS SUBSECTION TO: MAKE THE REQUEST IN WRITING; INCLUDE IN THE REQUEST
A STATEMENT THAT DISCLOSURE OF ALL OR PART OF THE CLAIM RELATED INFORMA-
TION TO WHICH THE REQUEST PERTAINS COULD ENDANGER THE PERSON OR CHILD;
AND SPECIFY AN ALTERNATIVE MAILING ADDRESS, TELEPHONE NUMBER, OR OTHER
METHOD OF CONTACT. FOR THE PURPOSE OF THIS SUBSECTION, "CLAIM RELATED
INFORMATION" MEANS ALL CLAIM OR BILLING INFORMATION RELATING SPECIF-
S. 7263--A 3
ICALLY TO AN INSURED OR PERSON COVERED BY AN INSURANCE POLICY ISSUED BY
AN INSURER OTHER THAN A HEALTH INSURER AS DEFINED IN SUBPARAGRAPH (B) OF
PARAGRAPH (1) OF SUBSECTION (H) OF THIS SECTION. The superintendent, 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.