What's happening
This bill allows victims of domestic violence to request alternate contact information for health insurance claims or billing to protect their privacy.
Why it matters
Expands privacy protections. for domestic violence victims by letting them request an alternate mailing address, phone number, or other contact information for health insurance communications, reducing risk that sensitive info reaches their abuser.
Removes the requirement of a court-issued order of protection. as the sole trigger for privacy protections—victims can now access these safeguards by submitting a sworn statement, making the process more accessible for those who may not have legal documentation.
Extends protections to providers and children. insurers are also prohibited from disclosing the contact information of healthcare providers or child patients if disclosure could endanger someone, offering broader safeguards for the entire support network.
Establishes clear procedures and oversight. by mandating that state agencies create rules for insurers, aiming to ensure consistent, reliable handling of confidential information and minimize accidental disclosures.
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Who cares
Headline styles
Protect Domestic Violence Victims' Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Domestic Violence Victims' Privacy
In Senate Committee · Rules · Sponsor Steven Cymbrowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
67
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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 Assembly, 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 policy, 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 specific 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 duration of the order, or until the request made pursuant to this paragraph, 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 information described in this paragraph to any address other than the designated alternative address provided pursuant to such paragraph. 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05156-02-9
S. 67 2
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 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 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 duration of the order or until the request made pursuant to this paragraph, 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 information described in this paragraph to any address other than the designated alternative address provided pursuant to such paragraph; 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 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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (680 words)
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 receiv- ing specific claims information or for billing purposes. This prohibi- tion 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 with- holding 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 opportu- nity 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 2017-18 S.5396 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.