Confidentiality for Victims of Domestic Violence
New York Insurance Law provides that if any person covered by an insurance policy delivers to the insurer a valid order of protection against the policyholder or other person covered by the policy, then the insurer is prohibited for the duration of the order from disclosing to the policyholder or other person the address and telephone number of the insured, or of any person or entity providing covered services to the insured. If a child is a covered person, then the right established by this section may be asserted by the child’s parent or guardian.
Insurance Law also requires a health insurer to accommodate a reasonable request made by a person covered by an insurance policy or contract to receive communications of claim-related information by alternative means or at alternative locations if the person clearly states that disclosure of the information could endanger the person. If a child is the covered person, then this right may be asserted by the child’s parent or guardian.
Except with the express consent of the person making the request, a health insurer may not disclose to the policyholder 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, the nature of the health care services provided or the name or address of the provider of the covered services.
DFS requires insurers to develop and implement confidentiality protocols. For health insurers, this also must include written procedures by which a person may make a reasonable request to receive communications of claim-related information by alternative means or at alternative locations and procedures for revoking such a request.
The Department has also drafted a sample confidential communication request form that a health insurer may require you to submit when making a reasonable request.