Amd S3217-a, add S3242, Ins L; amd S366-a, Soc Serv L
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.
STATE OF NEW YORK
________________________________________________________________________
6259
2015-2016 Regular Sessions
IN ASSEMBLY
March 18, 2015
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee 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.
LBD03346-01-5
A. 6259 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.
