BILL NUMBER: S5332
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the insurance law, in relation to invoking coverage of a
health insurance plan for long term care for an incapacitated individual
 
PURPOSE:
Grant authority to invoke coverage of a health insurance plan for long-
term care to an insured's legal spouse if not legally separated from the
insured, or domestic partner.
 
SUMMARY OF PROVISIONS:
Section 1. Paragraph 5 of subparagraph (D), the second undesignated
paragraph and the closing paragraph of paragraph 6 of subsection (b) of
section 1117 of the insurance law, paragraph 5 as amended by chapter 572
of the laws of 2008 and subparagraph (D), the second undesignated para-
graph and the closing paragraph of paragraph 6 as amended by chapter 424
of the laws of 2016 are amended and a new paragraph 7 is added.
 
JUSTIFICATION:
Several years ago, New York passed the Family Health Care Decisions Act,
which allows family members to make medical decisions for incapacitated
patients who lack adequate advance directives. This statute does not
encompass the ability to invoke insurance coverage on behalf of a
patient.
Granting such authority with respect to insurance would advance the
objectives of this existing statute and strengthen families' ability to
meet their loved one's needs at a time of crisis.
 
LEGISLATIVE HISTORY:
2023-24: S9860 - Referred to Rules
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.