memorandum OF support/opposition

Empire Justice Memo of Support: Allow Victims of Domestic Violence to Provide a Safe Alternate Address to Health Insurers

S.1031-b (Klein)/A.3387-b (Cymbrowitz)

Domestic violence victims have reported that abusers have both become privy to sensitive medical treatment information, and have discovered their safe locations through health insurance-related correspondence, billing, and claim information, especially in cases where the abuser is the primary policy holder.  In addition, where they do not share a home address with their abuser, some victims report having experienced great difficulty accessing billing and claim information from insurers.  Because of these concerns, some victims have elected to forego health insurance coverage or health care for themselves, or their children, because of the fear of disclosure by insurers.  New York has previously enacted critical address confidentiality and disclosure protections for domestic violence victims with orders of protection.  However, that legislation has not adequately addressed the real and practical problems associated with insurance-related correspondence.  If passed, this bill would bridge that safety gap.         

By amending subsection (e) and adding a new subsection (h) to Section 2612 of the Insurance Law, this bill will require insurers and health maintenance organizations to allow victims of domestic violence to utilize an alternate mailing address, telephone number or other contact information for receipt of claim information or billing if they are the insured, a subscriber, or merely a covered person.  Victims would be able to make this request to the insurer in writing by attesting that:  (1) they are a victim of domestic violence; and (2) that disclosure of such information would place them in danger.  Additionally, a victim parent or guardian could seek protection on behalf of their dependent child.  Victims need not have an order of protection in order to access this relief.     
  
If passed, this bill would join the growing number of confidentiality and privacy-related protections enacted on behalf of victims and their children in New York.   

Empire Justice Center strongly supports enactment of this valuable piece of legislation. 

01/13/12