Albany (New York) - Insurers and HMOs
offering comprehensive health insurance coverage through the New York State of
Health individual marketplace are now required to allow victims of domestic
violence, or spousal abandonment, to enroll in insurance plans at any time of
the year. The New York State Department of Financial Services has created a new
special enrollment period which will permit these individuals to enroll at any
time outside of the standard November 1 through January 31 annual open
enrollment period.
"Victims of domestic violence
should not be forced to ensure additional hardships because they lack access to
quality health coverage for themselves or their children," said Governor
Andrew M. Cuomo. "This action will help break this cycle of violence and
help victims gain the independence and the assistance they need."
Acting Department of Financial Services
Superintendent Maria T. Vullo said, "DFS is taking this action to ensure
that domestic violence victims, as well as victims of spousal abandonment, have
the opportunity year-round – not just during the standard open enrollment
period – to sign-up for necessary health insurance."
The following guidance is being provided
to insurers and HMOs by the Department of Financial Services:
The special enrollment period
will be made available for individual coverage outside the New York State of
Health starting April 15, 2016 to any member of a household who is a victim of
domestic violence, including unmarried and dependent victims within the
household, as well as victims of spousal abandonment, including their
dependents.
For applications received by the
15th of the month, coverage will be effective on the first day of the following
month. For applications received after the 15th of the month, coverage should
be effective on the first day of the second following month.
Insurers and HMOs may include
either an item on the application or request a separate statement from the
applicant attesting to their eligibility for the special enrollment period.
Insurers and HMOs should not require that the applicant have been a victim of
domestic violence or spousal abandonment within a specified period of time.
Insurers and HMOs may not require any proof of eligibility or apply overly
burdensome requirements on applicants seeking to use the special enrollment
period.
Legal Momentum President and CEO Carol
Robles Roman said, "Legal Momentum applauds Governor Cuomo for taking
decisive action in removing impediments to ensure that domestic violence
victims and their dependents are able to obtain health insurance whenever they
need it. Violence often has economic and health consequences for survivors.
Maintaining health coverage is an important way to help them."
Sanctuary for Families Executive
Director Judge Judy Harris Kluger said, "Governor Cuomo recognizes how
vitally important it is that individuals leaving an abusive relationship know
that they will be able to enroll in health insurance – at any time – for themselves,
their children and dependents."
Sean Doolan of the Blue Cross Blue
Shield Association of NY said, "We appreciate the opportunity to work with
the Governor, DFS and NYSOH on collaboratively developing a balanced approach
to ensuring that victims of domestic violence are afforded seamless health care
coverage."
Additional information on the special
enrollment period may be obtained on the Department of Financial Services website.
Source: Press Office, Governor
Andrew M. Cuomo
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