Assembly Bill A6859

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6859
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2017
                                ___________
 
 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:
 
   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 PURSU-
 ANT TO THE PROVISIONS OF THIS TITLE OR AT  ANY  TIME  THE  APPLICANT  IS
 RECEIVING BENEFITS PURSUANT TO THE PROVISIONS OF THIS TITLE. THE DEPART-
 MENT  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.