ny-DFS-24-26-00002-A: Confidentiality Protocols for Victims of Domestic Violence and Endangered Individuals

I.D. No. DFS-24-26-00002-A Filing No. 890 Filing Date: 2026-09-22 Effective Date: 2026-12-07 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of Part 244 of Title 11 NYCRR. Statutory authority: Financial Services Law, sections 202, 302; Insurance Law, sections 301 and 2612 Subject: Confidentiality Protocols for Victims of Domestic Violence and Endangered Individuals. Purpose: To ensure that insurers have confidentiality protocols in place for domestic violence victims and endangered individuals. Text of final rule: Section 244.1 is amended as follows: [(a)] This Part shall apply to a policy issued pursuant to the Insurance Law. [(b) With respect to an insurer authorized to write kinds of insurance in addition to accident and health insurance or salary protection insurance, any section of this Part that establishes rules with regard to a requestor or covered individual shall apply only with respect to a policy of accident and health insurance or a policy of salary protection insurance.] Subdivisions (c), (d), (m), (n), and (o) of section 244.2 are amended as follows: NYS Register/October 7, 2026 (c) Claim related information shall have the meaning set forth in Insur- ance Law section [2612(h)(1)(A)] 2612(f), (g), and (h)(1)(A). (d) Covered individual means an individual covered under a policy is- sued by [a health] an insurer who could be endangered by the disclosure of all or part of claim related information by the [health] insurer. * * * (m) Requestor means a covered individual, or the individual’s legal rep- resentative, or with regard to a covered individual who is a child, the child’s parent or guardian, who makes a reasonable request to the [health] insurer. (n) [Salary protection insurance shall have the meaning set forth in In- surance Law section 1113(a)(31). (o)] Victim of domestic violence or victim shall have the meaning set forth in Social Services Law section 459-a(1). Subdivisions (a) through (e) of section 244.3 are amended as follows: (a) An insurer shall develop and implement a confidentiality protocol whereby, except with the express consent of the individual who delivers to the insurer a valid order of protection, the insurer shall keep confidential and shall not disclose the address, [and] telephone number, [of] or other method of contact for the victim of domestic violence, or any child resid- ing with the victim, [and] the name, address, and telephone number of a person providing covered services to the victim, any personally identify- ing information of the victim, or the nature of the covered services provided to the victim, to a policyholder or another insured covered under the policy against whom the victim has a valid order of protection, if the victim, the victim’s legal representative, or if the victim is a child, the child’s parent or guardian, delivers to the insurer at its home office a valid order of protection pursuant