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A09169 Summary:

BILL NOA09169A
 
SAME ASNo Same As
 
SPONSORAlvarez
 
COSPNSRTapia
 
MLTSPNSR
 
 
Enacts the New York-Dominican health partnership act; establishes a commission to study and develop a framework for authorizing New York state-funded health services for eligible seniors and individuals with disabilities residing part-time or full-time in the Dominican Republic through a pilot partnership with the Seguro Nacional de Salud (SeNaSa), the primary public health insurer of the Dominican Republic and explores overall bilateral health collaboration between the state of New York and the Dominican Republic.
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A09169 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9169--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 17, 2025
                                       ___________
 
        Introduced  by  M. of A. ALVAREZ, TAPIA -- read once and referred to the
          Committee on Health -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  in relation to establishing the New York-Dominican health part-
          nership act, creating a commission to study and  develop  a  framework
          for  authorizing  New  York  state-funded health services for eligible
          seniors and individuals with disabilities residing part-time or  full-
          time  in  the  Dominican Republic through a pilot partnership with the
          Seguro Nacional de Salud (SeNaSa), the primary public  health  insurer
          of  the  Dominican  Republic,  and to explore bilateral health collab-
          oration between the state of New York and the Dominican Republic;  and
          providing for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York-Dominican health partnership act".
     3    § 2. Legislative findings and intent. 1. The legislature finds that:
     4    (a)  A  significant  number  of New York state residents, particularly
     5  seniors aged 65 years and older and individuals  with  disabilities  who
     6  are  enrolled  in  the  New  York state Medicaid program, maintain close
     7  cultural, familial, and residential ties with  the  Dominican  Republic,
     8  often residing six months or more of each year in the Dominican Republic
     9  while remaining eligible for health care and social services in New York
    10  state;
    11    (b)  Such  dual-residence  patterns  create significant gaps in health
    12  care continuity, as the federal  Medicaid  program  does  not  authorize
    13  payment for medical services rendered outside the United States, result-
    14  ing in eligible beneficiaries delaying or forgoing necessary primary and
    15  preventive care while residing abroad;
    16    (c)  The absence of accessible, affordable primary and preventive care
    17  for these populations while residing in  the  Dominican  Republic  often
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13909-02-6

        A. 9169--A                          2
 
     1  leads  to  the progression of manageable health conditions into acute or
     2  emergency situations requiring costly interventions upon  the  benefici-
     3  ary's  return  to  New  York  state, thereby increasing overall Medicaid
     4  expenditures;
     5    (d)  Medical services in the Dominican Republic can often be delivered
     6  at substantially lower costs than comparable services in New York state,
     7  while maintaining acceptable quality standards, particularly when  coor-
     8  dinated  through  accredited  facilities  and  the  Dominican Republic's
     9  established public health insurance infrastructure;
    10    (e) The  Dominican  Republic  operates  a  comprehensive  three-tiered
    11  public  health  insurance system managed by the Seguro Nacional de Salud
    12  (SeNaSa), which serves over seven million beneficiaries and maintains an
    13  extensive network of certified public and private health care  providers
    14  throughout the country;
    15    (f)  SeNaSa operates under the regulatory oversight of the Superinten-
    16  dencia de Salud y Riesgos Laborales  (SISALRIL)  and  provides  coverage
    17  through  multiple  regimes, including the Contributory Subsidized Regime
    18  (Regimen Contributivo Subsidiado), which provides coverage for  self-em-
    19  ployed workers and individuals with limited income who have not contrib-
    20  uted to the social security system through payroll taxes;
    21    (g)  A  bilateral  health  partnership  between New York state and the
    22  Dominican Republic, utilizing SeNaSa's  established  infrastructure  and
    23  provider network, represents an innovative approach to addressing health
    24  care  access gaps while potentially generating long-term savings for the
    25  New York state Medicaid program;
    26    (h) There are approximately eight hundred thousand dual-eligible medi-
    27  care-Medicaid enrollees in New York state, many of whom are  seniors  of
    28  Dominican  heritage  who maintain connections to the Dominican Republic;
    29  and
    30    (i) An initial pilot program funded entirely with  state-only  dollars
    31  could  demonstrate proof of concept for such partnerships, including the
    32  viability of cross-border payment systems, care coordination mechanisms,
    33  quality assurance protocols, and cost-effectiveness,  thereby  providing
    34  the evidentiary basis for a potential federal section 1115 demonstration
    35  waiver application to the Centers for Medicare and Medicaid Services.
    36    2. It is the intent of this legislation to:
    37    (a)  Establish  a commission to evaluate the feasibility and develop a
    38  framework for a state-only  funded  pilot  program  that  would  provide
    39  primary  and  preventive health care services to eligible New York state
    40  Medicaid beneficiaries aged 65 years and older who reside  part-time  or
    41  full-time in the Dominican Republic;
    42    (b)  Explore the establishment of a formal partnership between the New
    43  York state Medicaid program and the Seguro Nacional de Salud (SeNaSa) of
    44  the Dominican Republic to deliver covered health care  services  through
    45  SeNaSa's  Contributory  Subsidized Regime tier and its network of certi-
    46  fied providers;
    47    (c) Improve health care accessibility and affordability  for  eligible
    48  New  York state residents residing abroad by ensuring continuity of care
    49  and access to primary and preventive services that  would  otherwise  be
    50  unavailable or unaffordable;
    51    (d)  Reduce overall Medicaid expenditures by preventing the escalation
    52  of manageable health  conditions  into  acute  or  emergency  situations
    53  requiring  costly  interventions  upon beneficiaries' return to New York
    54  state;

        A. 9169--A                          3
 
     1    (e) Strengthen bilateral cooperation between the state of New York and
     2  the Dominican Republic in public health, health care  delivery,  medical
     3  education, and elder care;
     4    (f)  Develop  the  operational infrastructure, including payment mech-
     5  anisms, provider credentialing, care coordination protocols, and quality
     6  measurement systems, necessary to support  a  cross-border  health  care
     7  partnership; and
     8    (g)  Generate  sufficient  evidence  of cost-effectiveness and program
     9  viability to support a future application to the  Centers  for  Medicare
    10  and Medicaid Services for a section 1115 demonstration waiver and poten-
    11  tial  designation  as  a  designated  state health program (DSHP), which
    12  could provide federal matching funds of up  to  50  percent  of  program
    13  costs.
    14    3.  Nothing  in  this act shall be construed to expand eligibility for
    15  federal Medicaid expenditures outside the United States, unless express-
    16  ly authorized by federal law or waiver. The pilot  program  contemplated
    17  by  this  act shall be funded exclusively with state-only appropriations
    18  until such time as federal approval and matching funds are obtained.
    19    § 3. Definitions. As used in this act, the following terms shall  have
    20  the following meanings:
    21    1.  "Commission"  means  the  New  York-Dominican  health  partnership
    22  commission established pursuant to section four of this act.
    23    2. "Contributory subsidized regime" means the tier of coverage  within
    24  the  Dominican  Social  Security System (Sistema Dominicano de Seguridad
    25  Social) that provides health coverage for self-employed  workers,  inde-
    26  pendent  professionals, technical workers, and others with average wages
    27  equivalent to or higher than the national  minimum  wage  who  have  not
    28  contributed to the system through payroll taxes, funded through contrib-
    29  utions from the worker and a state subsidy.
    30    3.  "Covered  services"  means  primary care, preventive care, chronic
    31  disease management, and such other health care services as  the  commis-
    32  sion  may  recommend for inclusion in the pilot program, excluding acute
    33  care, emergency care, surgical interventions, and other services  to  be
    34  specified by the commission.
    35    4.  "Designated  state  health program" or "DSHP" means a state-funded
    36  health program that may be approved by  the  Centers  for  Medicare  and
    37  Medicaid  Services under a section 1115 demonstration waiver as eligible
    38  for federal financial participation.
    39    5. "Dominican Ministry of  Public  Health"  or  "Ministerio  de  Salud
    40  Publica"  means  the  cabinet-level  ministry  of  the government of the
    41  Dominican Republic responsible for public health policy and regulation.
    42    6. "Dual-eligible beneficiary" means an individual who is enrolled  in
    43  both  the  Medicare program under Title XVIII of the Social Security Act
    44  and the Medicaid program under Title XIX of the Social Security Act.
    45    7. "Eligible beneficiary" means a New York state resident who: (a)  is
    46  65 years of age or older; (b) is enrolled in the New York state Medicaid
    47  program;  (c)  resides  in  the  Dominican Republic for a minimum of six
    48  months per calendar year; (d) does not qualify for or is not enrolled in
    49  any private, senior, or retiree health insurance program in the  Domini-
    50  can  Republic;  and  (e)  meets  such  other eligibility criteria as the
    51  commission may recommend.
    52    8. "Pilot program" means the  New  York-Dominican  health  partnership
    53  pilot  program  to  be  developed pursuant to the recommendations of the
    54  commission.
    55    9. "Primary care" means basic health care services  including  general
    56  medical  examinations,  health  screenings,  diagnosis  and treatment of

        A. 9169--A                          4

     1  common illnesses and injuries, management of chronic conditions,  health
     2  education, and preventive care.
     3    10.  "Preventive  care" means health care services intended to prevent
     4  illness or detect health conditions at an early stage, including immuni-
     5  zations,  health  screenings,  wellness  visits,  and  chronic   disease
     6  prevention programs.
     7    11.  "Seguro  Nacional de Salud" or "SeNaSa" means the national health
     8  insurance agency of the Dominican Republic, the public autonomous insti-
     9  tution responsible for administering health risks for  beneficiaries  of
    10  the subsidized, contributory, and contributory subsidized regimes of the
    11  Dominican Social Security System, established pursuant to Law No.  87-01
    12  of the Dominican Republic.
    13    12.  "Section 1115 demonstration waiver" means a demonstration project
    14  authorized by section 1115 of the Social Security  Act  that  permits  a
    15  state  to  waive  certain  federal  Medicaid requirements to test exper-
    16  imental, pilot, or demonstration projects likely to promote  the  objec-
    17  tives of the Medicaid program.
    18    13.  "Superintendencia  de  Salud  y  Riesgos Laborales" or "SISALRIL"
    19  means the Superintendency of Health and Occupational Risks, the  Domini-
    20  can  regulatory  agency  responsible  for  oversight of health insurance
    21  providers in the Dominican Republic.
    22    § 4.  Establishment  of  the  New  York-Dominican  health  partnership
    23  commission. 1. There is hereby established the New York-Dominican health
    24  partnership commission ("the commission").
    25    2. The commission shall consist of 12 members, appointed as follows:
    26    (a) The commissioner of health, or their designee;
    27    (b) The director of the office for the aging, or their designee;
    28    (c)  The commissioner of temporary and disability assistance, or their
    29  designee;
    30    (d) The Medicaid director of the New York state department of  health,
    31  or their designee;
    32    (e) The director of the division of the budget, or their designee;
    33    (f)  Two members appointed by the speaker of the assembly, one of whom
    34  shall have expertise in health policy or Medicaid administration and one
    35  of whom shall represent the Dominican community in New York state;
    36    (g) Two members appointed by the temporary president  of  the  senate,
    37  one  of  whom shall have expertise in health policy or Medicaid adminis-
    38  tration and one of whom shall represent the Dominican community  in  New
    39  York state;
    40    (h)  One  member appointed by the governor who shall have expertise in
    41  international health policy, health economics,  or  cross-border  health
    42  care programs;
    43    (i)  One  member representative designated by the Consulate General of
    44  the Dominican Republic in New York,  who  shall  serve  in  an  advisory
    45  capacity  and  may participate in commission deliberations but shall not
    46  have voting privileges on matters pertaining to New York state appropri-
    47  ations or policy; and
    48    (j) One expert in international health policy or global health from  a
    49  New York-based university or academic medical center.
    50    3. The commissioner of health, or their designee, shall serve as chair
    51  of  the  commission.  The  commission shall select from among its voting
    52  members a vice-chairperson.
    53    4. Members shall be appointed within 60 days of the effective date  of
    54  this  act.  Vacancies  shall  be  filled  in the same manner as original
    55  appointments within 30 days of the occurrence of such vacancy.

        A. 9169--A                          5
 
     1    5. Members shall serve without compensation but shall be  entitled  to
     2  reimbursement  for  necessary  expenses  incurred  in the performance of
     3  their duties.
     4    6. A majority of the voting members of the commission shall constitute
     5  a  quorum  for the transaction of business. The commission shall meet at
     6  least quarterly and at such other times as the chair shall determine.
     7    7. The department of health shall provide staff support to the commis-
     8  sion and shall be responsible for administrative coordination of commis-
     9  sion activities.
    10    § 5. Duties of the commission. The commission shall:
    11    1. Conduct a comprehensive feasibility study examining:
    12    (a) The legal  requirements  and  regulatory  framework  necessary  to
    13  establish  a  bilateral health partnership between the state of New York
    14  and the Dominican Republic;
    15    (b) The cost-effectiveness of providing primary  and  preventive  care
    16  services  to eligible beneficiaries through SeNaSa's Contributory Subsi-
    17  dized Regime compared to the current pattern of delayed care and  subse-
    18  quent acute interventions in New York state;
    19    (c) The estimated number of New York state Medicaid beneficiaries aged
    20  65 and older who reside in the Dominican Republic for six months or more
    21  per year and who would be eligible for the pilot program;
    22    (d)  The current health care utilization patterns and costs associated
    23  with such beneficiaries, including emergency department  visits,  hospi-
    24  talizations,  and  other  acute  care  episodes  upon return to New York
    25  state;
    26    (e) The capacity,  quality  standards,  and  accreditation  status  of
    27  SeNaSa's  provider  network  and  whether  such standards meet or can be
    28  adapted to meet New York state public health and quality requirements;
    29    (f) The comparative cost of primary and preventive  care  services  in
    30  the Dominican Republic versus New York state; and
    31    (g) Potential barriers to implementation, including legal, regulatory,
    32  administrative, technological, and cultural considerations.
    33    2. Develop a detailed pilot program framework including:
    34    (a)  Eligibility  criteria  for  beneficiary  participation, including
    35  residency requirements, Medicaid enrollment verification, attestation of
    36  time spent in the Dominican Republic, and exclusion criteria related  to
    37  alternative insurance coverage;
    38    (b)  A  defined  scope of covered services, including specific primary
    39  care, preventive care, and chronic disease  management  services  to  be
    40  provided  under  the  pilot  program, with explicit exclusions for acute
    41  care, emergency care, surgical interventions, and other services;
    42    (c) Proposed enrollment  procedures,  including  outreach  strategies,
    43  enrollment verification, and beneficiary education;
    44    (d)  A recommended pilot program size, including the number of benefi-
    45  ciaries to be enrolled and geographic targeting considerations;
    46    (e) Quality assurance and utilization review mechanisms to ensure that
    47  services meet acceptable standards of care;
    48    (f) Care coordination protocols,  including  mechanisms  for  communi-
    49  cation between Dominican providers and New York state providers, medical
    50  records  sharing,  and continuity of care during beneficiary transitions
    51  between countries;
    52    (g)  Payment  mechanisms  and  contracting   requirements,   including
    53  proposed  reimbursement  rates, claims processing procedures, and finan-
    54  cial controls; and
    55    (h) Performance  metrics  and  evaluation  criteria  to  assess  pilot
    56  program success.

        A. 9169--A                          6
 
     1    3. Explore and recommend models for:
     2    (a)  A  formal  partnership  agreement  or memorandum of understanding
     3  between the New York state department  of  health  and  SeNaSa  for  the
     4  provision  of covered services to eligible New York state Medicaid bene-
     5  ficiaries;
     6    (b) Provider  credentialing  and  facility  accreditation  systems  to
     7  ensure  that  Dominican health facilities and providers participating in
     8  the pilot program meet New York state public health and  quality  stand-
     9  ards, or acceptable equivalent standards;
    10    (c)  Reciprocal  telehealth  programs  to  enable remote consultations
    11  between beneficiaries in the Dominican Republic and New York state-based
    12  providers, and to facilitate care coordination;
    13    (d) Health information exchange systems to enable  secure  sharing  of
    14  medical  records and care coordination information between participating
    15  providers in both jurisdictions;
    16    (e) Long-term care partnerships and geriatrics  exchange  programs  to
    17  address the specialized needs of the senior population; and
    18    (f)  Future  opportunities  for federal collaboration or waivers under
    19  section 1115 of the Social Security Act, including potential designation
    20  as a designated state health program.
    21    4. Assess potential fiscal impacts including:
    22    (a) Estimated state-only costs for the pilot program, including admin-
    23  istrative costs, payments to SeNaSa for covered services,  care  coordi-
    24  nation costs, and evaluation costs;
    25    (b) Projected savings to the New York state Medicaid program resulting
    26  from  reduced  acute  care  episodes,  emergency  department visits, and
    27  hospitalizations among pilot program participants;
    28    (c) Net fiscal impact of the pilot program to New York state,  compar-
    29  ing total costs to projected savings;
    30    (d)  Economic benefits to both New York state and the Dominican Repub-
    31  lic; and
    32    (e) Potential federal savings that could  result  from  reduced  acute
    33  care  costs if a portion of pilot program participants are dual-eligible
    34  for medicare, recognizing that any federal savings would accrue  to  the
    35  medicare program and not directly to New York state.
    36    5. Develop recommendations for:
    37    (a) Any statutory or regulatory changes required at the state level to
    38  authorize and implement the pilot program;
    39    (b)  Proposed  memoranda  of  understanding  or  bilateral  agreements
    40  between the New York state department of health and the Dominican Minis-
    41  try of Public Health, SeNaSa, and any other relevant  Dominican  govern-
    42  mental entities;
    43    (c)  A  state-only  appropriation  amount  necessary to fund the pilot
    44  program for an initial three-year demonstration period;
    45    (d) A timeline and implementation plan for pilot  program  launch  and
    46  operation;
    47    (e)  A  strategy  for eventual application to the Centers for Medicare
    48  and Medicaid Services for a section 1115 demonstration waiver to  obtain
    49  federal  financial  participation,  including potential designation as a
    50  designated state health program; and
    51    (f) Criteria for evaluating  pilot  program  success  and  determining
    52  whether to continue, expand, or terminate the program.
    53    6. Consult with:
    54    (a)  Representatives of SeNaSa and other appropriate Dominican govern-
    55  ment officials regarding the feasibility and structure of a partnership;

        A. 9169--A                          7
 
     1    (b) The Centers for Medicare and Medicaid Services regarding potential
     2  pathways for federal approval and financial participation;
     3    (c)  New York state Medicaid beneficiaries who reside part-time in the
     4  Dominican Republic regarding their health care needs and experiences;
     5    (d) Dominican community organizations in New York state;
     6    (e) Health care providers in both New York  state  and  the  Dominican
     7  Republic; and
     8    (f)  Experts  in international health policy, Medicaid administration,
     9  and cross-border health care programs.
    10    § 6. Reporting. 1. The commission shall submit an  interim  report  of
    11  its preliminary findings and recommendations to the governor, the speak-
    12  er  of  the  assembly,  the  temporary  president of the senate, and the
    13  chairs of the health and aging committees of both houses no  later  than
    14  nine months after the effective date of this act.
    15    2.  The  commission  shall  submit  a final report of its findings and
    16  recommendations to the governor, the speaker of the assembly, the tempo-
    17  rary president of the senate, and the chairs of  the  health  and  aging
    18  committees  of  both  houses no later than 18 months after the effective
    19  date of this act.
    20    3. Such final report shall include:
    21    (a) an executive summary of findings and recommendations;
    22    (b) a detailed feasibility analysis;
    23    (c) a proposed pilot program design, including  eligibility  criteria,
    24  covered services, enrollment procedures, and operational framework;
    25    (d)  draft statutory language for any legislation necessary to author-
    26  ize and implement the pilot program;
    27    (e) draft memorandum of understanding with SeNaSa and  other  relevant
    28  Dominican entities;
    29    (f) fiscal impact estimates, including projected costs and savings;
    30    (g) an implementation timeline and operational plan;
    31    (h) evaluation framework and performance metrics;
    32    (i) a strategy for federal waiver application; and
    33    (j) any dissenting views of commission members.
    34    §  7.  Cooperation  of  agencies.  All departments, divisions, boards,
    35  bureaus, commissions, and agencies of the state and its political subdi-
    36  visions shall provide the commission with any information and assistance
    37  it may require in carrying out its duties under this act.   The  depart-
    38  ment  of  health shall have primary responsibility for coordinating such
    39  cooperation and providing data related to Medicaid enrollment,  utiliza-
    40  tion, and expenditures for the populations of interest.
    41    § 8. Severability. If any provision of this act, or the application of
    42  such  provision  to  any  person or circumstance, shall be held invalid,
    43  illegal or unenforceable, the remainder of this act, and the application
    44  of such provision to persons or circumstances other  than  those  as  to
    45  which  it  is  held  invalid,  illegal  or  unenforceable,  shall not be
    46  affected thereby.
    47    § 9. This act shall take effect immediately and shall  expire  and  be
    48  deemed repealed two years after such date.
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