2006 New York Code - 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) and (f) 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.