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

9 Co-sponsors

• James S. Alesi
• Tony Avella
• David Carlucci
• Timothy M. Kennedy
• Liz Krueger
• Velmanette Montgomery
• Kevin S. Parker
• Diane J. Savino
• Daniel L. Squadron

BILL NUMBER:S1031B

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: Amends Insurance Law section 2612 to make a technical change and cross reference, also adds Insurance Law section 2612 (h) to require health insurers and health maintenance organizations (HMOs) to give victims of domestic violence with the option to designate alternative contact information, for themselves and their dependent children, upon written request by such a victim of domestic violence. The written request must be in a form of a written attestation of the insured, subscriber, or covered person, that such person is a victim of domestic violence. Once such attestation has been filed, an alternative mailing address, telephone number or other contact information shall be used for the purpose of receiving specific claims information or for specific billing purposes.

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.

Section 2: Effective date.

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 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 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.

Legislative history

2010: S.5980-A - Passed Senate 2009: S.5980 - Passed Senate 2008: S.2245 - Referred to Insurance

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.