N.Y. Insurance Law § 2612: Discrimination based on being a victim of domestic violence

§ 2612. Discrimination based on being a victim of domestic violence.

(a) No individual, insurer or entity subject to the supervision of the

superintendent shall solely because a person is or has been a victim of

domestic violence:

(1) refuse to issue or renew, deny or cancel any insurance policy or

contract;

(2) demand or require a greater premium or payment from any person;

(3) designate domestic violence as a preexisting condition, for which

coverage will be denied or reduced;

(4) fix any lower rate or discriminate in the fees or commissions of

agents or brokers for writing or renewing such a policy.

(b) The fact that a person is or has been a victim of domestic

violence is not a permitted underwriting criterion.

(c) For the purposes of this section, the following terms shall be

defined as:

(1) "victim of domestic violence" shall be as defined by subdivision

one of section four hundred fifty-nine-a of the social services law.

(2) "insurer" shall mean an insurer, a corporation organized pursuant

to article forty-three of this chapter, a municipal cooperative health

benefit plan established pursuant to article forty-seven of this

chapter, a health maintenance organization certified pursuant to article

forty-four of the public health law or a provider issued a special

certificate of authority pursuant to section four thousand four hundred

three-a of such law, or an agent, representative or designee thereof

regulated pursuant to this chapter.

(3) "policy" shall mean a policy of insurance issued pursuant to this

chapter, a child health insurance plan issued pursuant to title one-A of

article twenty-five of the public health law or medical assistance or

health care services provided pursuant to title eleven or eleven-D of

article five of the social services law.

(d) The prohibitions contained in subsection (a) of this section shall

not preclude an insurer from taking any of the actions described in

subsection (a) of this section so long as such insurer relies on

underwriting criteria reasonably related to the physical or mental

condition of a person, their property or claim history and the decision

was based on sound underwriting and actuarial principles reasonably

related to actual or anticipated loss experience. In such case the

selection criteria permitted must be based on such principles. The

insurer shall notify the insured of its specific reason or reasons for

such decision.

(e) An insurer that complies with subsections (a), (f) and (g) of this

section and acts reasonably and in good faith shall not be subject to

civil or criminal liability on account of compliance with such

subsections.

(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, a valid order of protection against the

policyholder, 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,

telephone 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, telephone number or other

method of contact for the insured, or for any person or entity providing

covered services to the insured, 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 mailing 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 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 subparagraph (B) of paragraph

(1) of subsection (h) of this section. The superintendent, 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, 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, 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

designating 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 a valid order of protection was

issued the address, telephone number or other method of contact for the

insured person covered by the order of protection or 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 mailing 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 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 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.

(h)(1) For purposes of this subsection:

(A) "Claim related information" means all claim or billing information

relating specifically to an insured, subscriber or person covered by an

insurance policy or contract issued by the health insurer.

(B) "Health insurer" means an insurer licensed to write accident and

health insurance or salary protection insurance in this state, a

corporation organized pursuant to article forty-three of this chapter, a

municipal cooperative health benefit plan established pursuant to

article forty-seven of this chapter, a health maintenance organization

certified pursuant to article forty-four of the public health law or a

provider issued a special certificate of authority pursuant to section

four thousand four hundred three-a of such law, or an agent,

representative or designee thereof regulated pursuant to this chapter.

(2)(A) A health insurer shall accommodate a reasonable request by a

person covered by an insurance policy or contract issued by the health

insurer to receive communications of claim related information from the

health insurer by alternative means or at alternative locations if the

person clearly states that disclosure of all or part of the information

could endanger the person.

(B) If a child is covered by an insurance policy or contract issued by

the health insurer, then the child's parent or guardian may make a

request to the health insurer pursuant to subparagraph (A) of this

paragraph.

(3) A health insurer may require: a person to make a request pursuant

to paragraph two of this subsection in writing; the request to contain 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 the specification of an alternative address, telephone number

or other method of contact.

(4) With respect to an insurer authorized to write accident and health

insurance in this state, this subsection shall apply only to a policy of

accident and health insurance or a policy of salary protection

insurance, as defined in subsection (a) of section one thousand one

hundred thirteen of this chapter.

(5) Nothing in this subsection shall prevent, hinder, or otherwise

affect the entry of an appropriate order made in the best interests of a

child by a court of competent jurisdiction adjudicating disputed issues

of child welfare or custody.

(6) Except with the express consent of the person making a request

pursuant to subparagraph (A) of paragraph two of this subsection, a

health insurer shall not disclose to the policyholder (i) the address,

telephone number, or any other personally identifying information of the

person who made the request or child for whose benefit a request was

made; (ii) the nature of the health care services provided; or (iii) the

name or address of the provider of the covered services.

(7) A health insurer that makes reasonable and good faith efforts to

comply with this subsection shall not be subject to civil or criminal

liability on the ground of non-compliance with this subsection.

(8) 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

health insurers in guarding against the disclosure of the information

protected pursuant to this subsection.