Bill Text: NY S03139 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Requires health insurance companies to provide health proxy forms to the insured and to store completed proxies on behalf of the insured; requires the department of social services to provide health proxy forms and instructions to persons applying for Medicaid.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S03139 Detail]

Download: New_York-2013-S03139-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3139
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2013
                                      ___________
       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed 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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 3217-a of the insurance law is amended by adding a
    2  new subsection (f) to read as follows:
    3    (F)  EACH INSURER SUBJECT TO THIS ARTICLE SHALL SUPPLY TO EACH INSURED
    4  BIENNIALLY, OR UPON  REQUEST,  TO  EACH  PROSPECTIVE  INSURED  PRIOR  TO
    5  ENROLLMENT,  A  WRITTEN HEALTH CARE PROXY FORM AND A WRITTEN DESCRIPTION
    6  OF THE PURPOSE OF THE HEALTH CARE PROXY FORM AND THE PROCEDURE BY  WHICH
    7  TO COMPLETE SUCH FORM.
    8    S 2. The insurance law is amended by adding a new section 3240 to read
    9  as follows:
   10    S  3240.  HEALTH  CARE  PROXY.  (A) AN INSURER SUBJECT TO THIS ARTICLE
   11  SHALL ACCEPT RECEIPT FROM AN INSURED OF HIS OR HER COMPLETED HEALTH CARE
   12  PROXY AND STORE  SUCH  COMPLETED  PROXY  WITH  THE  INSURED'S  PERMANENT
   13  RECORDS. THE INSURED MAY SUBMIT SUCH PROXY TO THE INSURER AT THE TIME OF
   14  REGISTRATION  OR  ENROLLMENT OF HIS OR HER HEALTH INSURANCE POLICY OR AT
   15  ANY TIME THE INSURED HOLDS A POLICY WITH THE INSURER.  THE  INSURED  MAY
   16  FILE  AN UPDATED COMPLETED PROXY WITH HIS OR HER INSURER AT ANY TIME THE
   17  INSURED HOLDS A POLICY WITH THE INSURER.
   18    (B) AN INSURER SHALL PROVIDE A COPY  OF  AN  INSURED'S  MOST  RECENTLY
   19  EXECUTED  HEALTH  CARE PROXY STORED WITH THE INSURED'S PERMANENT RECORDS
   20  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.
                                                                  LBD01000-01-3
       S. 3139                             2
    1  INSURED WITHIN TWENTY-FOUR HOURS AFTER RECEIVING INITIAL NOTIFICATION OF
    2  THE INSURED'S TREATMENT.
    3    S  3.  Subdivision 1-a of section 366-a of the social services law, as
    4  added by chapter 512 of the laws of 2011, is amended to read as follows:
    5    1-a. Every person making application for medical assistance, and every
    6  person on whose behalf an application is made, shall[,  if  interested,]
    7  be given the New York state department of health model health care proxy
    8  form, A WRITTEN DESCRIPTION OF THE PURPOSE OF THE HEALTH CARE PROXY FORM
    9  AND  THE  PROCEDURE  BY WHICH TO COMPLETE SUCH FORM by the person taking
   10  the application, except  where  doing  so  would  impede  the  immediate
   11  provision  of health care services.  THE DEPARTMENT SHALL SUPPLY TO EACH
   12  PERSON INSURED BIENNIALLY, OR UPON REQUEST, A WRITTEN HEALTH CARE  PROXY
   13  FORM, A WRITTEN DESCRIPTION OF THE PURPOSE OF THE HEALTH CARE PROXY FORM
   14  AND  THE  PROCEDURE BY WHICH TO COMPLETE SUCH FORM. THE DEPARTMENT SHALL
   15  ACCEPT RECEIPT FROM THE APPLICANT OF HIS OR HER  COMPLETED  HEALTH  CARE
   16  PROXY  AND  STORE  SUCH  COMPLETED  PROXY WITH THE APPLICANT'S PERMANENT
   17  RECORDS. THE APPLICANT MAY SUBMIT HIS OR  HER  COMPLETED  PROXY  TO  THE
   18  DEPARTMENT  AT THE TIME OF APPLICATION OR ENROLLMENT FOR BENEFITS PURSU-
   19  ANT TO THE PROVISIONS OF THIS TITLE OR AT  ANY  TIME  THE  APPLICANT  IS
   20  RECEIVING BENEFITS PURSUANT TO THE PROVISIONS OF THIS TITLE. THE DEPART-
   21  MENT  SHALL  PROVIDE  A  COPY  OF THE APPLICANT'S MOST RECENTLY EXECUTED
   22  HEALTH CARE PROXY STORED WITH THE APPLICANT'S PERMANENT RECORDS  BY  THE
   23  DEPARTMENT  TO  ANY  HEALTH  CARE  PROVIDER  OR INSTITUTION TREATING THE
   24  APPLICANT WITHIN TWENTY-FOUR HOURS AFTER RECEIVING INITIAL  NOTIFICATION
   25  OF THE APPLICANT'S TREATMENT.
   26    S  4.  This  act  shall take effect on the sixtieth day after it shall
   27  have become a law; provided, however, that  effective  immediately,  the
   28  addition,  amendment  and/or  repeal of any rule or regulation necessary
   29  for the implementation of this act on its effective date are  authorized
   30  and directed to be made and completed on or before such effective date.