Legal Barriers Facing New Yorkers Seeking Health Care Finance Agents
New York law unduly limits the ability of individuals to have an agent they choose help them in obtaining and paying for their health care. This article shows how attorneys may enable individuals to overcome these barriers by preparing HIPAA authorizations and modifying the New York statutory templates for health care proxies and powers of attorney. This article also suggests how the New York Unified Court System Office of Court Administration (‘OCA’) and the New York State legislature may reduce questions about the intended authority of the agents by changing the rules applicable to powers of attorney, health care proxies, and the privacy of health care information. The New York State Department of Health and many well-meaning health care providers and health plans treat the changes as if they had all been adopted because they are so intuitive and beneficial. However, not all providers and plans are well-meaning or willing to act contrary to the law or legal documents. It is particularly important to adopt these changes because when questions arise about an agent’s authority, the principal often finds it difficult or impossible to request the health information on one’s own, or to execute new agency agreements.