New York: Confidentiality for Domestic Violence Victims & Endangered Individuals Notice

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Legal Rights & Agreement Rules · Context

This notice summarizes a New York insurance law on confidentiality for covered people at risk

This is Humana's New York notice about confidentiality for domestic violence victims and endangered individuals. It describes what New York Insurance Law section 2612 provides, in relevant part, for insurers regulated under New York insurance law, a group that includes health maintenance organizations (HMOs). It is a summary of the law's relevant parts, not the statute's full text.

Supporting quotations

NEW YORK: CONFIDENTIALITY FOR DOMESTIC VIOLENCE VICTIMS & ENDANGERED INDIVIDUALS
New York Insurance Law § 2612, with respect to all insurers regulated under New York Insurance Law, including health maintenance organizations ("HMOs"), provides in relevant part that

Qualifications & exceptions

  • The notice says the law "provides in relevant part", so it is a partial description of section 2612.
  • The scope named is all insurers regulated under New York Insurance Law, including HMOs; the notice does not say which Humana plans or products that covers.

Not stated here

  • The notice states no effective date or revision date. Its footer code appears twice in the stored text and is not explained, so no date is inferred from it.
  • The statute's full text and its definitions are not supplied in this document.
  • The stored text is a read of an image-only PDF by OCR, so small spelling or spacing slips are possible.

Sharing & Disclosure · Restriction or exception

With a valid order of protection, the insurer may not disclose the covered person's address and telephone number

If a person covered by an insurance policy gives the insurer a valid order of protection against the policyholder or against another person covered by the policy, the insurer is prohibited from telling the policyholder or that other person the covered person's address and telephone number. The same prohibition covers the address and telephone number of any person or entity that provides covered services to the covered person. The prohibition lasts as long as the order does.

Supporting quotations

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.

Qualifications & exceptions

  • Applies only after a covered person delivers a valid order of protection to the insurer.
  • The order must be against the policyholder or another person covered by the policy.
  • Limited to the duration of the order.
  • What is protected is the address and telephone number of the insured and of any person or entity providing covered services to the insured; this paragraph does not name other information.

Not stated here

  • This paragraph states no exception, such as consent, and the notice does not say whether any applies to this restriction.
  • The notice does not say how the order is to be delivered to the insurer or what happens when the order ends or is replaced.
  • "Valid" is not defined in the notice.

Cross-references

Account & Service Control · User right or choice

A child's parent or guardian can assert these rights for a covered child

The notice says that where a child is a covered person, a parent or guardian can assert the right on the child's behalf. It says this twice: once for the order-of-protection restriction on disclosing addresses and telephone numbers, and once for the right to ask for claim communications by alternative means or at alternative locations.

Supporting quotations

If a child is a covered person, then the right established by this section may be asserted by the child's parent or guardian.
then this right may be asserted by the child's parent or guardian.

Qualifications & exceptions

  • Applies where a child is the covered person.
  • Each statement refers to the right established in its own paragraph; the notice does not extend one paragraph's wording to the other.

Not stated here

  • The notice does not say what proof of parent or guardian status Humana may ask for.
  • The OCR text of the second statement begins with a misread word, so its opening is not quoted; the part after it reads clearly.

Account & Service Control · User right or choice

A covered person who says disclosure could endanger them can ask for claim communications by other means or places

New York Insurance Law section 2612 also requires a health insurer, as that section defines it, to accommodate a reasonable request from a person covered by an insurance policy or contract to receive communications of claim-related information by alternative means or at alternative locations. The request is covered when the person clearly states that disclosure of the information could endanger them. The notice describes the requirement as one imposed on health insurers by the law.

Supporting quotations

New York Insurance Law § 2612 also requires a health insurer, as defined in that section, 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.

Qualifications & exceptions

  • The request must be reasonable.
  • The covered person must clearly state that disclosure of the information could endanger the person.
  • Covers communications of claim-related information, not every kind of communication.
  • Applies to a health insurer "as defined in that section".

Not stated here

  • The definition of health insurer in section 2612 is not supplied, so the notice does not show which Humana coverage is a health insurer under it.
  • The notice gives no examples of alternative means or locations and does not say what makes a request unreasonable.
  • The sentence runs across two blocks of the stored text; it is read here as one sentence.

Account & Service Control · Procedure

A request is made through the Member Services number on the ID card or the Humana Privacy Office

The notice says a request can be made by calling the toll-free Member Services number on the member's ID card, or by contacting the Humana Privacy Office directly with the contact information the notice gives.

Supporting quotations

MAKING A REQUEST:
A request can be made by using the toll-free Member Services number on your ID card, or you may contact the Humana Privacy Office directly by using the contact information in the section below.

Qualifications & exceptions

  • Two routes are named: the toll-free Member Services number on the ID card, or the Humana Privacy Office.
  • The notice points to contact information "in the section below".

Not stated here

  • The only Privacy Office contact details given below are a postal address, which appears under the revoking heading; no Privacy Office telephone number or email is given.
  • The notice does not say whether the Member Services route also works for delivering an order of protection, or whether a form or documents are needed.

Account & Service Control · Procedure

A request is revoked through Member Services or by writing to the Humana Privacy Office

The notice says a request can be revoked by contacting the toll-free Member Services number on the ID card, or by contacting the Humana Privacy Office directly at the address it gives: Humana Inc., Privacy Office 003/10911, 101 E. Main Street, Louisville, KY 40202.

Supporting quotations

REVOKING A REQUEST:
A request can be revoked by contacting the toll-free Member Services number on your ID card, or you may contact the Humana Privacy Office directly by using the address below:
Humana Inc.
Privacy Office 003/10911
101 E. Main Street
Louisville, KY 40202

Qualifications & exceptions

  • Two routes are named for revoking: the toll-free Member Services number on the ID card, or the Privacy Office by the address below.
  • The only Privacy Office contact detail given is a postal address.

Not stated here

  • The notice does not say when a revocation takes effect or what disclosures change afterward.
  • The notice does not say whether revoking affects the order-of-protection restriction or only requests.

Security & Safeguards · Context

The notice gives the New York State Domestic and Sexual Violence Hotline number for information

For the reader's information, the notice lists 1-800-942-6906 as the phone number of the New York State Domestic and Sexual Violence Hotline. The notice names it as a state hotline and does not say Humana runs it or offers services through it.

Supporting quotations

the phone number for the New York State Domestic and Sexual Violence Hotline is 1-800-942-6906.

Qualifications & exceptions

  • Given "for your information"; it is not a step in making or revoking a request.

Not stated here

  • The notice does not say what the hotline offers or who runs it beyond its name.