Confidentiality Protocol for Victims of Domestic Violence/Endangered Individuals
New York Insurance Law § 2612 provides victims of domestic violence with certain protections including prohibiting an individual, insurer or entity supervised by the Department of Financial Services, solely because a person is or has been a victim of domestic violence, from:
- Refusing to issue or renew, deny or cancel any insurance policy or contract;
- Demanding or requiring a greater premium or payment from any person;
- Designating domestic violence as a preexisting condition for which coverage will be denied or reduced; and
- Using the fact that a person is or has been a victim of domestic violence as an underwriting criterion.
New York Insurance Law § 2612 also requires that certain insurers establish procedures to protect and limit access to certain personal information related to a victim of domestic violence.
New York Insurance Law § 2612 provides that if any person covered by an insurance policy delivers to the insurer a valid court order of protection issued by a court of competent jurisdiction in New York State 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 the covered services to the insured. If a child is a covered person, then the right may be asserted by the child’s parent or guardian.
New York Insurance Law § 2612 also requires a health insurer, as defined in that section of the law to include an accident and health insurer, to accommodate a reasonable request made by a person covered by an insurance policy 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 the covered person is a child, then the right may be asserted by the child’s parent or guardian. The law further provides that, except with the express consent of the person making the request, a health insurer may not disclose to the policyholder: (1) the address, telephone number, or any other personally identifying information of the person who has made the request or child for whose benefit a request was made; (2) the nature of the health care services provided; or (3) the name or address of the provider of covered services.
Procedure: To invoke these protections as regards coverages provided through any Intact Insurance Specialty Solutions underwriting company, please mail a valid order of protection to the address shown below. For all requests, please send a written explanation of your request, with your name, phone number, mailing address and email address, if any, to:Joseph Topale
Chief Information Security Officer
150 Royall Street
Canton, MA 02021