BILL NO A06451
SAME AS No same as
SPONSOR Morelle (MS)
COSPNSR Gottfried, Gunther, Schimminger, Zebrowski, Magnarelli, Galef, Jaffee
MLTSPNSR Brook-Krasny, Cook, Gabryszak, Hikind, Kellner, Maisel, Rivera,
Sweeney, Weisenberg
Amd S367-f, Soc Serv L; amd S3229, Ins L
Relates to directing the department of health to submit an amendment to the
plan for medical assistance.
BILL NUMBER:A6451
TITLE OF BILL: An act to amend the social services law and the
insurance law, in relation to directing the department of health to
submit an amendment to the plan for medical assistance; and to direct
the department of insurance to adopt any necessary conforming
amendments to regulations or other rules
PURPOSE OR GENERAL IDEA OF BILL:
To permit policyholders of the New York State Partnership for
Long-Term Care to be eligible for Medicaid asset protection regardless
of their state of residence when they apply for long term care
Medicaid assistance.
SUMMARY OF SPECIFIC PROVISIONS:
Amend section 367-f of the social services law to direct the New York
State Department of Health to apply to the Federal Department of
Health and Human Services for uniform reciprocal recognition of
long-term care insurance policies purchased under New York State
long-term care insurance Partnerships. Amend section 3229 of the
insurance law to direct the Superintendent of Insurance to adopt
appropriate rules or regulations to ensure uniformity with Federal
standards relating to reciprocal recognition of long-term care
insurance Partnership policies.
JUSTIFICATION:
The New York State Partnership for Long-Term Care is a unique program
combining long-term care insurance and Medicaid Extended Coverage. Its
purpose is to help New Yorkers financially prepare for the possibility
of someday needing nursing home care, home care or assisted living
services. The program allows New Yorkers to protect some or all of
their assets depending on the partnership insurance plan purchased, if
'their long-term care needs extend beyond the period covered by their
private insurance policy.
If an individual buys New York State Partnership for Long-Term Care
insurance from a participating insurer, uses the benefits according to
the conditions of the program, that individual can apply for New York
State Medicaid Extended Coverage which may assist in paying for
ongoing care. However, under current law, an individual with such a
policy can apply and remain eligible for Medicaid Extended Coverage
only as long as the individual applies for Medicaid in the State of
New York.
New York, along with Connecticut, Indiana and California were original
participants in the LTC Partnership program supported by the Robert
Wood Johnson Foundation. In 1993 Congress prohibited other states from
enacting similar programs, The Partnership Program was expanded under
the Federal Deficit Reduction Act (DRA) of 2005, enabling other states
to set up LTC Partnership programs. Those new Partnership programs now
permit policyholder reciprocity, which means that they may apply for
Medicaid in any of the reciprocal Partnership states and receive the
same Medicaid asset protection benefits as they would have within
their home state. The DRA required the Federal Department of Health
and Human Services (HHS) to develop standards for such reciprocity.
With this legislation enacted, if a New York resident purchases a
Partnership policy and then later moves to Florida and uses his policy
in a Florida nursing home, he or she could seek asset-protection
benefits from the Florida Medicaid Program. The same would be true for
Florida Partnership policyholders who relocate to New York and then
apply for Medicaid in New York.
This legislation requires New York to opt in to HHS's uniform
reciprocal recognition of long-term care insurance policies purchased
under state long-term care Partnerships, enabling individuals with
Partnership policies to move to another Partnership state without fear
of losing the additional Medicaid benefits or coverage.
PRIOR LEGISLATIVE HISTORY:
A3399 of 2011/2012 - passed Senate;referred to social services
A4761 of 2009/2010 - referred to social services
FISCAL IMPLICATIONS:
Enactment of this legislation would allow New York residents to
relocate to other Partnership states and remain eligible for Medicaid
Extended Coverage from that state. In addition, it would allow
individuals from other Partnership states that move to New York to
receive Medicaid Extended Coverage as well. It is projected that the
fiscal impact will be the status quo and there will be no further
costs to New York.
EFFECTIVE DATE: The bill would take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
6451
2013-2014 Regular Sessions
I N A S S E M B L Y
April 1, 2013
___________
Introduced by M. of A. MORELLE, GOTTFRIED, GUNTHER, SCHIMMINGER, ZEBROW-
SKI, MAGNARELLI, GALEF, JAFFEE -- Multi-Sponsored by -- M. of A.
BROOK-KRASNY, COOK, GABRYSZAK, HIKIND, KELLNER, MAISEL, RIVERA, SWEE-
NEY, WEISENBERG -- read once and referred to the Committee on Health
AN ACT to amend the social services law and the insurance law, in
relation to directing the department of health to submit an amendment
to the plan for medical assistance; and to direct the department of
insurance to adopt any necessary conforming amendments to regulations
or other rules
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 367-f of the social services law is amended by
2 adding a new subdivision 4 to read as follows:
3 4. THE DEPARTMENT OF HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
4 SUBMIT TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A REQUEST
5 FOR THE AMENDMENT OF THE PLAN FOR MEDICAL ASSISTANCE, WHICH IS MAIN-
6 TAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF THE
7 FEDERAL SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY BE
8 DEVELOPED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSU-
9 ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
10 UNIFORM RECIPROCAL RECOGNITION OF LONG-TERM CARE INSURANCE POLICIES
11 PURCHASED UNDER STATE LONG-TERM CARE INSURANCE PARTNERSHIPS. SUCH
12 REQUEST SHALL BE MADE WITHIN SIX MONTHS OF THE PROMULGATION OF SUCH
13 STANDARDS BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND,
14 EXCEPT AS REQUIRED BY SUCH STANDARDS, SUCH UNIFORM RECIPROCAL RECOGNI-
15 TION OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD TO
16 WHEN A POLICY IS ISSUED.
17 S 2. Section 3229 of the insurance law is amended by adding a new
18 subsection (c) to read as follows:
19 (C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
20 SUCH RULES AND REGULATIONS, AS MAY BE NECESSARY TO CONFORM TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09746-01-3
A. 6451 2
1 REQUIREMENTS OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE, WHICH
2 IS MAINTAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR TITLE, OF
3 THE FEDERAL SOCIAL SECURITY ACT, MADE PURSUANT TO SUBDIVISION FOUR OF
4 SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
5 S 3. This act shall take effect immediately.
