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

7 Co-sponsors

• Craig M. Johnson
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Diane J. Savino
• Daniel L. Squadron
• Antoine M. Thompson

Title of bill

An act to amend the insurance law and the public health law, in relation to allowing victims of domestic violence the opportunity to designate an alternate address for insurance claims or billing purposes

Purpose

Requires health insurers to provide victims of domestic violence with the option of providing alternative contact information so that they may be able to access their benefits.

Summary of specific provisions

Section 1: Adds Insurance Law section 3217-a (a) (16-a) to require health insurers to provide notice of the option to designate alternative contact information, upon written request by a victim of domestic violence, for the purpose of receiving specific claim information or for specific billing purposes.

Section 2: Adds Insurance Law section 3234-a to require health insurers to provide victims of domestic violence, upon written request with the option of designating alternative contact information for the purpose of receiving specific claim information or for specific billing purposes.

Section 3: Adds Insurance Law section 4324(a)(19) to require HMOs and other insurers that offer health care coverage in New York to offer the same notice to victims of domestic violence as stated above with regard to designating alternative contact information.

Section 4: Adds Public Health Law section 4408(1)(s) to require HMOs that offer managed care health insurance products must offer the same notice to victims of domestic violence as stated above with regard to designating alternative contact information.

Section 5: Adds Insurance Law section 2612(h) to require health insurers to offer the same notice to victims of domestic violence as stated above.

For all bill sections amended 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.

Justification

This legislation allows victims of domestic violence to seek medical and mental health services and to use their health insurance and other insurance coverages 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 health 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 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

2008 - S.2245 - Referred to Insurance 2009 - S.5980 - Passed the Senate

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 and 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.