NY Ins L § 2612 (2021)
2021 New York Laws ISC - Insurance Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination 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, the insurer shall be prohibited for  the  duration  of  the  order  from disclosing  to  the policyholder the address and telephone number of the insured, or of any person or entity providing covered  services  to  the insured. 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  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,  a  valid  order  of protection against another person covered by the group policy, issued by a  court  of  competent jurisdiction in this state, the insurer shall be prohibited for the duration of the order from disclosing to  the  person against  whom  the  valid order of protection was issued the address and telephone  number  of  the  insured  person  covered  by  the  order  of protection, or of any person or entity providing covered services to the insured  person  covered  by  the order of protection. 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.  (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.