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This entry was published on 2021-06-18
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Construction--matters related to health care
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1502K. Construction--matters related to health care. In a
statutory short form power of attorney, the language conferring general
authority with respect to "matters related to health care," or in a
statutory short form power of attorney properly executed in accordance
with the laws in effect at the time of its execution, the language
conferring authority with respect to "records, reports and statements,"
must be construed to mean that the principal authorizes the agent:

1. To be responsible for matters relating to the principal's health
care, including, but not limited to, benefit entitlements and payment
obligations, and in so doing, notwithstanding any law to the contrary,
to receive from "health care providers" and "health plans," information,
including, but not limited to, "protected health information" as defined
in federal and state law, rules and regulations, in order to ascertain
the benefits to which the principal is entitled and to determine the
legitimacy and accuracy of charges for health care provided to the
principal; to obtain for the principal the health care benefits to which
the principal is entitled; to meet the principal's financial
obligations, and pay bills due and owing, for health care provided to
the principal; and to represent the principal, and to act as the
principal's personal representative, with respect to matters pertaining
to the principal's health care. The authority granted by this
subdivision is limited to health care financial matters and shall not
include authorization for the agent to make health care decisions for
the principal;

2. To keep records of all cash received and disbursed for or on
account of the principal, of all credits and debits to the account of
the principal, and of all transactions affecting in any way the assets
and liabilities of the principal;

3. To prepare, to execute and to file all tax, social security,
unemployment insurance and information returns, required by the laws of
the United States, of any state or of any subdivision thereof or of any
foreign government, to prepare, to execute and to file all other papers
and instruments which the agent shall think to be desirable or necessary
for the safeguarding of the principal against excess or illegal taxation
or against penalties imposed for claimed violation of any law or other
governmental regulation;

4. To prepare, to execute and to file any record, report, statement,
or other document to safeguard or promote the principal's interest,
under a statute or governmental regulation;

5. To hire, to discharge, and to compensate any attorney, accountant,
or other assistant or assistants when the agent shall think such action
to be desirable for the proper execution by him of any of the powers
described in this section; and

6. In general, and in addition to all the specific acts in this
section enumerated, to do any other act or acts, which the principal can
do through an agent, in connection with the preparation, execution,
filing, storage or other utilization of any records, reports or
statements of or concerning the principal's affairs.

All powers described in this section shall be exercisable equally with
respect to any health care billing and payment matters, and records,
reports or statements of or concerning the affairs of the principal
existing at the giving of the power of attorney or thereafter arising,
and whether arising in the state of New York or elsewhere.