What's happening
This bill requires health insurers and the Department of Social Services to provide, store, and share health care proxy forms for insured individuals and Medicaid applicants.
Why it matters
Streamlines access to crucial end-of-life decision documents. By requiring insurers and the Department of Social Services to provide and store health care proxy forms, the bill makes it easier for individuals to designate someone to make health care decisions on their behalf if they become incapacitated, potentially reducing confusion or delays during medical emergencies.
Ensures up-to-date information is available to providers quickly. Mandating insurers and the department to share the most recent health care proxy forms with medical providers within 24 hours of being notified of treatment helps ensure that a patient’s wishes are respected without unnecessary delay, supporting patient autonomy.
Reduces administrative burden on individuals and families. With insurers and state agencies responsible for storing and forwarding health care proxies, patients and their families are less likely to lose important documents or struggle to provide them during critical moments, which can be especially important for vulnerable populations.
Promotes awareness and completion of health care proxies. Requiring routine distribution of proxy forms and clear instructions increases the likelihood that individuals will complete these documents, potentially leading to more people having their health care preferences formally documented and honored.
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Who cares
Headline styles
Store Health Proxies with Insurers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to insurance
- Referred to insurance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3020
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
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.
LBD05052-01-9
A. 3020 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. 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.