N.Y. Ins. Law § 2612

§ 2612. Discrimination based on being a victim of domestic violence.\n(a) No individual, insurer or entity subject to the supervision of the\nsuperintendent shall solely because a person is or has been a victim of\ndomestic violence:\n (1) refuse to issue or renew, deny or cancel any insurance policy or\ncontract;\n (2) demand or require a greater premium or payment from any person;\n (3) designate domestic violence as a preexisting condition, for which\ncoverage will be denied or reduced;\n (4) fix any lower rate or discriminate in the fees or commissions of\nagents or brokers for writing or renewing such a policy.\n (b) The fact that a person is or has been a victim of domestic\nviolence is not a permitted underwriting criterion.\n (c) For the purposes of this section, the following terms shall be\ndefined as:\n (1) "victim of domestic violence" shall be as defined by subdivision\none of section four hundred fifty-nine-a of the social services law.\n (2) "insurer" shall mean an insurer, a corporation organized pursuant\nto article forty-three of this chapter, a municipal cooperative health\nbenefit plan established pursuant to article forty-seven of this\nchapter, a health maintenance organization certified pursuant to article\nforty-four of the public health law or a provider issued a special\ncertificate of authority pursuant to section four thousand four hundred\nthree-a of such law, or an agent, representative or designee thereof\nregulated pursuant to this chapter.\n (3) "policy" shall mean a policy of insurance issued pursuant to this\nchapter, a child health insurance plan issued pursuant to title one-A of\narticle twenty-five of the public health law or medical assistance or\nhealth care services provided pursuant to title eleven or eleven-D of\narticle five of the social services law.\n (d) The prohibitions contained in subsection (a) of this section shall\nnot preclude an insurer from taking any of the actions described in\nsubsection (a) of this section so long as such insurer relies on\nunderwriting criteria reasonably related to the physical or mental\ncondition of a person, their property or claim history and the decision\nwas based on sound underwriting and actuarial principles reasonably\nrelated to actual or anticipated loss experience. In such case the\nselection criteria permitted must be based on such principles. The\ninsurer shall notify the insured of its specific reason or reasons for\nsuch decision.\n (e) An insurer that complies with subsections (a), (f) and (g) of this\nsection and acts reasonably and in good faith shall not be subject to\ncivil or criminal liability on account of compliance with such\nsubsections.\n (f) If any person covered by an insurance policy issued to another\nperson as the policyholder delivers to the insurer that issued the\npolicy, at its home office, a valid order of protection against the\npolicyholder, issued by a court of competent jurisdiction in this state,\nthe insurer shall be prohibited for the duration of the order from\ndisclosing to the policyholder the address and telephone number of the\ninsured, or of any person or entity providing covered services to the\ninsured. If a child is the covered person, the right established by this\nsubsection may be asserted by, and shall also extend to, the parent or\nguardian of the child. The superintendent, in consultation with the\ncommissioner of health and the office of children and family services\nand the office for the prevention of domestic violence, shall promulgate\nrules to guide and enable insurers to guard against the disclosure of\nthe address and location of an insured who is a victim of domestic\nviolence.\n (g) If any person covered by a group insurance policy delivers to the\ninsurer that issued the policy, at its home office, a valid order of\nprotection against another person covered by the group policy, issued by\na court of competent jurisdiction in this state, the insurer shall be\nprohibited for the duration of the order from disclosing to the person\nagainst whom the valid order of protection was issued the address and\ntelephone number of the insured person covered by the order of\nprotection, or of any person or entity providing covered services to the\ninsured person covered by the order of protection. If a child is the\ncovered person, the right established by this subsection may be asserted\nby, and shall also extend to, the parent or guardian of the child. The\nsuperintendent, in consultation with the commissioner of health, the\noffice of children and family services and the office for the prevention\nof domestic violence, shall promulgate rules to guide and enable\ninsurers to guard against the disclosure of the address and location of\nan insured who is a victim of domestic violence.\n (h)(1) For purposes of this subsection:\n (A) "Claim related information" means all claim or billing information\nrelating specifically to an insured, subscriber or person covered by an\ninsurance policy or contract issued by the health insurer.\n (B) "Health insurer" means an insurer licensed to write accident and\nhealth insurance or salary protection insurance in this state, a\ncorporation organized pursuant to article forty-three of this chapter, a\nmunicipal cooperative health benefit plan established pursuant to\narticle forty-seven of this chapter, a health maintenance organization\ncertified pursuant to article forty-four of the public health law or a\nprovider issued a special certificate of authority pursuant to section\nfour thousand four hundred three-a of such law, or an agent,\nrepresentative or designee thereof regulated pursuant to this chapter.\n (2)(A) A health insurer shall accommodate a reasonable request by a\nperson covered by an insurance policy or contract issued by the health\ninsurer to receive communications of claim related information from the\nhealth insurer by alternative means or at alternative locations if the\nperson clearly states that disclosure of all or part of the information\ncould endanger the person.\n (B) If a child is covered by an insurance policy or contract issued by\nthe health insurer, then the child's parent or guardian may make a\nrequest to the health insurer pursuant to subparagraph (A) of this\nparagraph.\n (3) A health insurer may require: a person to make a request pursuant\nto paragraph two of this subsection in writing; the request to contain a\nstatement that disclosure of all or part of the claim related\ninformation to which the request pertains could endanger the person or\nchild; and the specification of an alternative address, telephone number\nor other method of contact.\n (4) With respect to an insurer authorized to write accident and health\ninsurance in this state, this subsection shall apply only to a policy of\naccident and health insurance or a policy of salary protection\ninsurance, as defined in subsection (a) of section one thousand one\nhundred thirteen of this chapter.\n (5) Nothing in this subsection shall prevent, hinder, or otherwise\naffect the entry of an appropriate order made in the best interests of a\nchild by a court of competent jurisdiction adjudicating disputed issues\nof child welfare or custody.\n (6) Except with the express consent of the person making a request\npursuant to subparagraph (A) of paragraph two of this subsection, a\nhealth insurer shall not disclose to the policyholder (i) the address,\ntelephone number, or any other personally identifying information of the\nperson who made the request or child for whose benefit a request was\nmade; (ii) the nature of the health care services provided; or (iii) the\nname or address of the provider of the covered services.\n (7) A health insurer that makes reasonable and good faith efforts to\ncomply with this subsection shall not be subject to civil or criminal\nliability on the ground of non-compliance with this subsection.\n (8) The superintendent, in consultation with the commissioner of\nhealth, the office of children and family services and the office for\nthe prevention of domestic violence, shall promulgate rules to guide\nhealth insurers in guarding against the disclosure of the information\nprotected pursuant to this subsection.\n