NY S09860

Requires health insurance plans for long-term care to include a provision allowing a spouse (not legally separated) or domestic partner to invoke insurance coverage if the insured failed to execute a power of attorney for that purpose.

Authority for the spouse or domestic partner to invoke coverage begins when a physician or nurse practitioner determines the insured lacks decision-making capacity pursuant to Public Health Law section 2994-c.

Authority to invoke coverage ceases if the attending physician or nurse practitioner determines the insured has regained decision-making capacity.

Insurers are not in violation if they fail to provide nursing home rate information required by disclosure statements when such information has not been made available by the Department of Health.

Changes gender-neutral language in the bill from "his or her" to "their" and takes effect 180 days after enactment, applying to health insurance plans issued or renewed on or after that date.