Health care includes the prevention, treatment, and cure of physical and mental health issues that may affect human beings. Legal issues related health care may arise—including issues related to (1) the provision of health care services; (2) the payment for health care services—by individuals or by insurance; (3) the privacy of medical and health care records; and (4) the right to make health care decisions for ourselves and others.
In New York State, health care law encompasses a variety of regulations and statutes that address the provision, payment, privacy, and decision-making authority related to health care services. Health care providers must adhere to state licensing requirements and follow standards of care to avoid malpractice. Regarding payment, New York has laws that regulate private health insurance, Medicaid, and other public assistance programs. The state also participates in the Affordable Care Act, which may provide additional insurance options for residents. Privacy of medical records is protected under both federal law, such as the Health Insurance Portability and Accountability Act (HIPAA), and New York State laws, which impose confidentiality obligations on health care providers. Lastly, New York residents have the right to make their own health care decisions, including the use of advance directives such as health care proxies and living wills. In situations where individuals cannot make decisions for themselves, New York law provides mechanisms for appointing a guardian or surrogate to make health care decisions on their behalf.