Superintendent Adrienne A. Harris today announced that the New York State Department of Financial Services (“DFS” or “Department”) has adopted a new regulation to reduce disparities in health care access and use across New York. This adopted rule requires health insurers to request voluntarily disclosed demographic data, such as race, ethnicity, preferred language, sexual orientation, and gender identity, ensuring critical self-reported data is available to better understand insurance benefit use and develop policies that serve the needs of all New Yorkers, especially underserved communities.

"We cannot adequately address health disparities without robust data and information," said Superintendent Harris. "By analyzing trends in health care utilization, the Department can identify populations that may not be fully using their benefits, and direct resources where needed so that New Yorkers receive the quality care they need and deserve."

Under the new rule, insureds will have the option to provide this information through a separate questionnaire, administered apart from the application or renewal process. The Department will use this data to identify and address any systemic disparities in benefit use. The regulation expressly prohibits insurers from using the data for unfair or unlawful discriminatory purposes, including eligibility, rate-setting, and underwriting determinations. Insurers will be required to attest in writing to the Department on a regular basis that they are complying with the data usage restrictions.

The Department is committed to advancing health equity in the state of New York. In 2024, the Department worked to develop and advance the Governor’s initiative to eliminate cost-sharing for insulin and proposed new regulations to increase access to mental health and substance use disorder services.

The adopted regulation 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. To support compliance, DFS has developed a standard template that insurers can use to collect demographic information. The template mirrors demographic language used by the New York State of Health and Centers for Medicaid & Medicare Services.

DFS developed this regulation through extensive outreach to industry leaders, health plans, state and federal regulators, and the general public.

To review the adopted regulation and template, visit the Department’s health equity landing page.

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