Notice on New York Insurance Law — Victims of Domestic Violence
December 19, 2013
Notice on New York Insurance Law — Victims of Domestic Violence: New York Insurance Law § 2612 provides that if any individual covered by an insurance policy delivers to the insurer a valid order of protection, then the insurer shall keep confidential and shall not disclose to a policyholder or other insured covered under the policy against whom the individual has a valid order of protection:
(1) the address and telephone number of the victim of domestic violence (or of any child residing with the victim);
(2) the nature of the health care services provided; or
(3) the name, address, and telephone number of a person or entity providing covered services to the victim.
If the individual covered by an insurance policy is a child, then the rights established by Insurance Law § 2612 may be asserted by the child's parent or guardian. If the individual covered by an insurance policy is a child, then the rights established by Insurance Law § 2612 may be asserted by the child's parent or guardian.
Effective January 1, 2013, Insurance Law § 2612 also requires an insurer to accommodate a reasonable request made by an individual covered by an insurance policy or contract to receive communications of claim-related information by alternative means or at alternative locations if the individual clearly states that disclosure of the information could endanger the individual. If a child is the individual covered by an insurance policy, then this right may be asserted by the child’s parent or guardian.
A victim of domestic violence may provide an alternative address, telephone number, or other method of contact by calling Customer Advocacy at 888.901.6377. Customer Advocacy can also direct individuals on how and where to send a valid order of protection. Victims of domestic violence should tell their Customer Advocacy representative what type of coverage they have and that they have a domestic violence protective order in place and/or that they need to protect their contact information from disclosure for their or their child’s personal safety. For further information on domestic violence services, contact the New York State Domestic and Sexual Violence Hotline by dialing 800.942.6906 or visit the New York State Office for the Prevention of Domestic Violence website.