§ 5-1502K — Construction--matters related to health care

§ 5-1502K. Construction--matters related to health care. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "matters related to health care," or in a\nstatutory short form power of attorney properly executed in accordance\nwith the laws in effect at the time of its execution, the language\nconferring authority with respect to "records, reports and statements,"\nmust be construed to mean that the principal authorizes the agent:\n 1. To be responsible for matters relating to the principal's health\ncare, including, but not limited to, benefit entitlements and payment\nobligations, and in so doing, notwithstanding any law to the contrary,\nto receive from "health care providers" and "health plans," information,\nincluding, but not limited to, "protected health information" as defined\nin federal and state law, rules and regulations, in order to ascertain\nthe benefits to which the principal is entitled and to determine the\nlegitimacy and accuracy of charges for health care provided to the\nprincipal; to obtain for the principal the health care benefits to which\nthe principal is entitled; to meet the principal's financial\nobligations, and pay bills due and owing, for health care provided to\nthe principal; and to represent the principal, and to act as the\nprincipal's personal representative, with respect to matters pertaining\nto the principal's health care. The authority granted by this\nsubdivision is limited to health care financial matters and shall not\ninclude authorization for the agent to make health care decisions for\nthe principal;\n 2. To keep records of all cash received and disbursed for or on\naccount of the principal, of all credits and debits to the account of\nthe principal, and of all transactions affecting in any way the assets\nand liabilities of the principal;\n 3. To prepare, to execute and to file all tax, social security,\nunemployment insurance and information returns, required by the laws of\nthe United States, of any state or of any subdivision thereof or of any\nforeign government, to prepare, to execute and to file all other papers\nand instruments which the agent shall think to be desirable or necessary\nfor the safeguarding of the principal against excess or illegal taxation\nor against penalties imposed for claimed violation of any law or other\ngovernmental regulation;\n 4. To prepare, to execute and to file any record, report, statement,\nor other document to safeguard or promote the principal's interest,\nunder a statute or governmental regulation;\n 5. To hire, to discharge, and to compensate any attorney, accountant,\nor other assistant or assistants when the agent shall think such action\nto be desirable for the proper execution by him of any of the powers\ndescribed in this section; and\n 6. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with the preparation, execution,\nfiling, storage or other utilization of any records, reports or\nstatements of or concerning the principal's affairs.\n All powers described in this section shall be exercisable equally with\nrespect to any health care billing and payment matters, and records,\nreports or statements of or concerning the affairs of the principal\nexisting at the giving of the power of attorney or thereafter arising,\nand whether arising in the state of New York or elsewhere.\n