NY Domestic Violence Notice

Protections for Victims of Domestic Violence Under New York Insurance Law §2612

NOTICE
NEW YORK CONFIDENTIALITY PROTOCOLS FOR VICTIMS OF DOMESTIC VIOLENCE AND ENDANGERED INDIVIDUALS

New York Insurance Law provides important protections to persons who may be subject to domestic violence. These protections include prohibiting an individual, insurer, or entity supervised by the Department of Financial Services from taking any of the following actions solely because a person is or has been a victim of domestic violence:

Refusing to issue or renew an insurance policy or contract
Denying or canceling an insurance policy or contract
Demanding or requiring a greater premium or payment from a person
Designating domestic violence as a preexisting condition for which coverage will be denied or reduced
Using the fact that a person has been a victim of domestic violence as an underwriting criterion

New York law also limits the information that can be provided to the policyholder or another person covered under the policy in the following circumstances: (i) when there is a valid order of protection in place; or (ii) when the insured submits a request to the insurance company indicating that disclosure of claim information could endanger the individual.

Order of Protection – Limitation on Disclosure:

If a member provides their insurer with a copy a valid order of protection against the policyholder or another person covered under the group policy, the insurer is prohibited, for the duration of the order, from disclosing the address and telephone number of the member, or of any person or entity providing covered services to the insured, to the policyholder or other person covered under the same group policy.

Request for Alternative Communications:

A health insurer shall accommodate a reasonable request by a member 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. “Claim related information” means all claim or billing information relating specifically to the member.

Members seeking alternative communications must submit a written request to Luminare Health indicating that disclosure of claim related information to which the request pertains could endanger the person or child, and must include an alternative address, telephone number or other method of contact. Please note that certain communications must be sent by mail.

Such requests must be submitted to:

ATTN: PRIVACY OFFICE
Luminare Health
400 Field Drive
Lake Forest, IL 60045

For additional assistance, please contact the New York State Domestic and Sexual Violence Hotline: