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

14 Co-sponsors

• Neil D. Breslin
• Ruben Diaz
• Martin Malavé Dilan
• Thomas K. Duane
• Pedro Espada Jr.
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Craig M. Johnson
• Liz Krueger
• George Onorato
• John L. Sampson
• Diane J. Savino
• Malcolm A. Smith
• Toby Ann Stavisky

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.