2023 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,
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.