What's happening
This bill requires health insurers and Medicaid to provide, store, and share health care proxy forms and instructions with insureds and applicants.
Why it matters
Makes it easier for patients to have their health care wishes honored. By requiring insurers and Medicaid to collect and promptly share health care proxy forms, this bill ensures that medical providers can access a patient’s documented health care agent and decisions quickly in emergencies or when the patient cannot speak for themselves.
Reduces administrative barriers during medical crises. Storing proxies with insurers and the Department of Social Services means hospitals and doctors won’t have to rely on family members to produce these forms during stressful times, potentially avoiding delays or confusion about who can make decisions.
Promotes greater awareness and completion of health care proxies. By mandating regular distribution of forms and explanations, the bill encourages more people to consider and complete health care proxies, which are often overlooked until a crisis occurs.
Supports continuity and updates of patient wishes. The bill allows insured individuals and Medicaid applicants to update their proxies at any time, ensuring that their current health care preferences are always accessible and respected by health care providers.
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Who cares
Headline styles
Require Health Proxy Storage
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Store Health Proxies with Insurers
In Senate Committee · Insurance · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6859
2017-2018 Regular Sessions
IN ASSEMBLY
March 22, 2017
Introduced by M. of A. SOLAGES -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring health insurance companies to provide health care proxy forms to the insured and to store completed proxies on behalf of the insured and to amend the social services law, in relation to requiring the department of social services to provide health care proxy forms and instructions to applicants for Medicaid
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 3217-a of the insurance law is amended by adding a new subsection (g) to read as follows:
(g) Each insurer subject to this article shall supply to each insured biennially, or upon request, to each prospective insured prior to enrollment, a written health care proxy form and a written description of the purpose of the health care proxy form and the procedure by which to complete such form.
§ 2. The insurance law is amended by adding a new section 3242 to read as follows:
§ 3242. Health care proxy. (a) An insurer subject to this article shall accept receipt from an insured of his or her completed health care proxy and store such completed proxy with the insured's permanent records. The insured may submit such proxy to the insurer at the time of registration or enrollment of his or her health insurance policy or at any time the insured holds a policy with the insurer. The insured may file an updated completed proxy with his or her insurer at any time the insured holds a policy with the insurer.
(b) An insurer shall provide a copy of an insured's most recently executed health care proxy stored with the insured's permanent records by the insurer to any health care provider or institution treating the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04676-01-7
A. 6859 2
insured within twenty-four hours after receiving initial notification of the insured's treatment.
§ 3. Subdivision 1-a of section 366-a of the social services law, as added by chapter 512 of the laws of 2011, is amended to read as follows:
1-a. Every person making application for medical assistance, and every person on whose behalf an application is made, shall[, if interested,] be given the New York state department of health model health care proxy form, a written description of the purpose of the health care proxy form and the procedure by which to complete such form by the person taking the application, except where doing so would impede the immediate provision of health care services. The department shall supply to each person insured biennially, or upon request, a written health care proxy form, a written description of the purpose of the health care proxy form and the procedure by which to complete such form. The department shall accept receipt from the applicant of his or her completed health care proxy and store such completed proxy with the applicant's permanent records. The applicant may submit his or her completed proxy to the department at the time of application or enrollment for benefits pursuant to the provisions of this title or at any time the applicant is receiving benefits pursuant to the provisions of this title. The department shall provide a copy of the applicant's most recently executed health care proxy stored with the applicant's permanent records by the department to any health care provider or institution treating the applicant within twenty-four hours after receiving initial notification of the applicant's treatment.
§ 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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