New York State Department of Financial Services adopts rule requiring health insurers to request voluntarily disclosed demographic data

The New York State Department of Financial Services has adopted a regulation requiring health insurers to request certain demographic data on a voluntary basis to support analysis of disparities in health care access and insurance benefit use across New York. The data categories include race, ethnicity, preferred language, sexual orientation, and gender identity. Insureds will be able to provide the information through a separate questionnaire administered apart from the application or renewal process. The regulation prohibits insurers from using the data for unfair or unlawful discriminatory purposes, including eligibility, rate-setting, and underwriting decisions, and requires regular written attestations to the Department on compliance with these restrictions. The rule applies to insurers licensed to write accident and health insurance in New York, not-for-profit insurance corporations, health maintenance organizations certified under the Public Health Law, and student health plans, and DFS has issued a standard template aligned to demographic language used by the New York State of Health and the Centers for Medicaid & Medicare Services.