Confidentiality for victims of domestic violence

Confidentiality for Participants Who are Victims of Domestic Violence — New York Regulation 168 and Insurance Law 2612

NY Reg 168 and NY Insurance Law 2612 require life insurance companies and their subsidiaries to establish protocols designed to protect the personal information of victims of domestic violence. These protections include prohibiting an individual, insurer or entity supervised by the Department of Financial Services, solely because a person is or has been a victim of domestic violence, from:

  • Refusing to issue or renew, deny or cancel any insurance policy or contract;
  • Demanding or requiring a greater premium or payment from any person;
  • Designating domestic violence as a preexisting condition for which coverage will be denied or reduced; or
  • Using the fact that a person is or has been a victim of domestic violence as an underwriting criterion.

When a TIAA participant notifies this organization that he or she has received a valid order of protection in a domestic violence proceeding or makes a reasonable request for confidentiality based on domestic violence, TIAA is prohibited from disclosing certain personal information without the participant's express consent. The information that may not be disclosed includes:

  • Address, telephone number, or any other personally identifying information of the participant who made the request or a child residing with the victim;
  • Nature of health care services provided; and
  • Name, address or telephone number of the provider of the covered services.
  • Any other information from which there is a reasonable basis to believe the foregoing information could be obtained.

In addition, participants with a valid order of protection or a reasonable request, their legal representatives, and the parents or legal guardians of covered children may request to receive insurance policy or retirement contract information at an alternative address, telephone number or other means of contact.

A valid order of protection from a domestic violence proceeding may be delivered to TIAA by following the procedure below:

1. To notify TIAA about an order of protection obtained in a domestic violence proceeding, or to make a reasonable request for confidentiality related to such matters, call the TIAA National Contact Center at the numbers below:

2. To provide an original copy of an order of protection obtained in a domestic violence proceeding to TIAA, mail it to the attention of the TIAA Customer Care Team at the following address:

TIAA
ATTN: Customer Care Team
P.O. Box 1259
Charlotte, NC 28201

3. The Customer Care Team (CCT) will coordinate steps seeking to ensure that the personally identifiable information of such participants held by this organization is located and protected.

A TIAA participant who previously submitted an order of protection from a domestic violence proceeding may withdraw his or her request of TIAA pursuant to New York Regulation 168 and Insurance Law 2612 by calling the TIAA National Contact Center above and mailing a written statement (prepared under oath) to the address provided above.

Resources

The phone numbers for the New York State Domestic and Sexual Violence Hotline are: