Section 5-1502K. Construction--health care billing and payment matters; records, reports and statements  


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  • In a  statutory  short  form  power  of  attorney,  the  language  conferring  general  authority with respect to
      "health  care  billing  and  payment  matters;  records,   reports   and
      statements,"  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  access records relating to the provision of health care and to
      make decisions relating to the past, present or future payment  for  the
      provision  of  health care consented to by or on behalf of the principal
      or the principal's health care agent authorized under state law.  In  so
      doing  the  agent  is  acting as the principal's personal representative
      pursuant to sections 1171 through 1179 of the Social  Security  Act,  as
      added  by  sections  262  and  264 of Public Law 104-191, and applicable
      regulations. This authority shall  not  include  authorization  for  the
      agent to make other medical or 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.