2612 - Discrimination based on being a victim of domestic violence.
§ 2612. Discrimination based on being a victim of domestic violence. (a) No individual, insurer or entity subject to the supervision of the superintendent shall solely because a person is or has been a victim of domestic violence: (1) refuse to issue or renew, deny or cancel any insurance policy or contract; (2) demand or require a greater premium or payment from any person; (3) designate domestic violence as a preexisting condition, for which coverage will be denied or reduced; (4) fix any lower rate or discriminate in the fees or commissions of agents or brokers for writing or renewing such a policy. (b) The fact that a person is or has been a victim of domestic violence is not a permitted underwriting criterion. (c) For the purposes of this section, the following terms shall be defined as: (1) "victim of domestic violence" shall be as defined by subdivision one of section four hundred fifty-nine-a of the social services law. (2) "insurer" shall mean an insurer, a corporation organized pursuant to article forty-three of this chapter, a health maintenance organization certified pursuant to article forty-four of the public health law or a provider issued a special certificate of authority pursuant to section four thousand four hundred three-a of such law, or an agent, representative or designee thereof regulated pursuant to this chapter. (3) "policy" shall mean a policy of insurance issued pursuant to this chapter, a child health insurance plan issued pursuant to title one-A of article twenty-five of the public health law or medical assistance or health care services provided pursuant to title eleven or eleven-D of article five of the social services law. (d) The prohibitions contained in subsection (a) of this section shall not preclude an insurer from taking any of the actions described in subsection (a) of this section so long as such insurer relies on underwriting criteria reasonably related to the physical or mental condition of a person, their property or claim history and the decision was based on sound underwriting and actuarial principles reasonably related to actual or anticipated loss experience. In such case the selection criteria permitted must be based on such principles. The insurer shall notify the insured of its specific reason or reasons for such decision. (e) An insurer that complies with subsections (a), (f) and (g) of this section and acts reasonably and in good faith shall not be subject to civil or criminal liability on account of compliance with such subsections. (f) If any person covered by an insurance policy issued to another person as the policyholder delivers to the insurer that issued the policy, at its home office, a valid order of protection against the policyholder, issued by a court of competent jurisdiction in this state, the insurer shall be prohibited for the duration of the order from disclosing to the policyholder the address and telephone number of the insured, or of any person or entity providing covered services to the insured. If a child is the covered person, the right established by this subsection may be asserted by, and shall also extend to, the parent or guardian of the child. The superintendent, in consultation with the commissioner of health and the office of children and family services and the office for the prevention of domestic violence, shall promulgate rules to guide and enable insurers to guard against the disclosure of the address and location of an insured who is a victim of domestic violence.(g) If any person covered by a group insurance policy delivers to the insurer that issued the policy, at its home office, a valid order of protection against another person covered by the group policy, issued by a court of competent jurisdiction in this state, the insurer shall be prohibited for the duration of the order from disclosing to the person against whom the valid order of protection was issued the address and telephone number of the insured person covered by the order of protection, or of any person or entity providing covered services to the insured person covered by the order of protection. If a child is the covered person, the right established by this subsection may be asserted by, and shall also extend to, the parent or guardian of the child. The superintendent, in consultation with the commissioner of health, the office of children and family services and the office for the prevention of domestic violence, shall promulgate rules to guide and enable insurers to guard against the disclosure of the address and location of an insured who is a victim of domestic violence.