Bill Text: NY S03998 | 2017-2018 | 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 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INSURANCE [S03998 Detail]

Download: New_York-2017-S03998-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3998
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 1, 2017
                                       ___________
        Introduced  by  Sens.  KRUEGER,  MONTGOMERY,  PERKINS  -- 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 (g) to read as follows:
     3    (g) 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    § 2. The insurance law is amended by adding a new section 3242 to read
     9  as follows:
    10    § 3242. 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.
                                                                   LBD04676-01-7

        S. 3998                             2
     1  insured within twenty-four hours after receiving initial notification of
     2  the insured's treatment.
     3    §  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    §  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.
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