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A09169 Summary:

BILL NOA09169B
 
SAME ASSAME AS S08751-B
 
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 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--B
 
                               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 -- recommitted
          to the Committee on Health in accordance with Assembly Rule 3, sec.  2
          --  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 in the
          Dominican Republic through a pilot partnership with the Seguro Nacion-
          al de Salud (SeNaSa), the primary public health insurer of the Domini-
          can Republic, and to explore bilateral  health  collaboration  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 for a period of time  in  the  Dominican  Republic  while
     9  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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13909-06-6

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

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

        A. 9169--B                          4
 
     1    8.  "Pilot  program"  means  the New York-Dominican health partnership
     2  pilot program to be developed pursuant to  the  recommendations  of  the
     3  commission.
     4    9.  "Primary  care" means basic health care services including general
     5  medical examinations, health  screenings,  diagnosis  and  treatment  of
     6  common  illnesses and injuries, management of chronic conditions, health
     7  education, and preventive care.
     8    10. "Preventive care" means health care services intended  to  prevent
     9  illness or detect health conditions at an early stage, including immuni-
    10  zations,   health  screenings,  wellness  visits,  and  chronic  disease
    11  prevention programs.
    12    11. "Seguro Nacional de Salud" or "SeNaSa" means the  national  health
    13  insurance agency of the Dominican Republic, the public autonomous insti-
    14  tution  responsible  for administering health risks for beneficiaries of
    15  the subsidized, contributory, and contributory subsidized regimes of the
    16  Dominican Social Security System, established pursuant to Law No.  87-01
    17  of the Dominican Republic.
    18    12. "Section 1115 demonstration waiver" means a demonstration  project
    19  authorized  by  section  1115  of the Social Security Act that permits a
    20  state to waive certain federal  Medicaid  requirements  to  test  exper-
    21  imental,  pilot,  or demonstration projects likely to promote the objec-
    22  tives of the Medicaid program.
    23    13. "Superintendencia de Salud  y  Riesgos  Laborales"  or  "SISALRIL"
    24  means  the Superintendency of Health and Occupational Risks, the Domini-
    25  can regulatory agency responsible  for  oversight  of  health  insurance
    26  providers in the Dominican Republic.
    27    §  4.  Establishment  of  the  New  York-Dominican  health partnership
    28  commission. 1. There is hereby established the New York-Dominican health
    29  partnership commission ("the commission").
    30    2. The commission shall consist of 12 members, appointed as follows:
    31    (a) The commissioner of health, or their designee;
    32    (b) The director of the office for the aging, or their designee;
    33    (c) The commissioner of temporary and disability assistance, or  their
    34  designee;
    35    (d)  The Medicaid director of the New York state department of health,
    36  or their designee;
    37    (e) The director of the division of the budget, or their designee;
    38    (f) Two members appointed by the speaker of the assembly, one of  whom
    39  shall have expertise in health policy or Medicaid administration and one
    40  of whom shall represent the Dominican community in New York state;
    41    (g)  Two  members  appointed by the temporary president of the senate,
    42  one of whom shall have expertise in health policy or  Medicaid  adminis-
    43  tration  and  one of whom shall represent the Dominican community in New
    44  York state;
    45    (h) One member appointed by the governor who shall have  expertise  in
    46  international  health  policy,  health economics, or cross-border health
    47  care programs;
    48    (i) One member representative designated by the Consulate  General  of
    49  the  Dominican  Republic  in  New  York,  who shall serve in an advisory
    50  capacity and may participate in commission deliberations but  shall  not
    51  have voting privileges on matters pertaining to New York state appropri-
    52  ations or policy; and
    53    (j)  One expert in international health policy or global health from a
    54  New York-based university or academic medical center.

        A. 9169--B                          5
 
     1    3. The commissioner of health, or their designee, shall serve as chair
     2  of the commission. The commission shall select  from  among  its  voting
     3  members a vice-chairperson.
     4    4.  Members shall be appointed within 60 days of the effective date of
     5  this act. Vacancies shall be filled  in  the  same  manner  as  original
     6  appointments within 30 days of the occurrence of such vacancy.
     7    5.  Members  shall serve without compensation but shall be entitled to
     8  reimbursement for necessary expenses  incurred  in  the  performance  of
     9  their duties.
    10    6. A majority of the voting members of the commission shall constitute
    11  a  quorum  for the transaction of business. The commission shall meet at
    12  least quarterly and at such other times as the chair shall determine.
    13    7. The department of health shall provide staff support to the commis-
    14  sion and shall be responsible for administrative coordination of commis-
    15  sion activities.
    16    § 5. Duties of the commission. The commission shall:
    17    1. Conduct a comprehensive feasibility study examining:
    18    (a) The legal  requirements  and  regulatory  framework  necessary  to
    19  establish  a  bilateral health partnership between the state of New York
    20  and the Dominican Republic;
    21    (b) The cost-effectiveness of providing primary  and  preventive  care
    22  services  to eligible beneficiaries through SeNaSa's Contributory Subsi-
    23  dized Regime compared to the current pattern of delayed care and  subse-
    24  quent acute interventions in New York state;
    25    (c) The estimated number of New York state Medicaid beneficiaries aged
    26  65 and older who reside in the Dominican Republic for six months or more
    27  per year and who would be eligible for the pilot program;
    28    (d)  The current health care utilization patterns and costs associated
    29  with such beneficiaries, including emergency department  visits,  hospi-
    30  talizations,  and  other  acute  care  episodes  upon return to New York
    31  state;
    32    (e) The capacity,  quality  standards,  and  accreditation  status  of
    33  SeNaSa's  provider  network  and  whether  such standards meet or can be
    34  adapted to meet New York state public health and quality requirements;
    35    (f) The comparative cost of primary and preventive  care  services  in
    36  the Dominican Republic versus New York state; and
    37    (g) Potential barriers to implementation, including legal, regulatory,
    38  administrative, technological, and cultural considerations.
    39    2. Develop a detailed pilot program framework including:
    40    (a)  Eligibility  criteria  for  beneficiary  participation, including
    41  residency requirements, Medicaid enrollment verification, attestation of
    42  time spent in the Dominican Republic, and exclusion criteria related  to
    43  alternative insurance coverage;
    44    (b)  A  defined  scope of covered services, including specific primary
    45  care, preventive care, and chronic disease  management  services  to  be
    46  provided  under  the  pilot  program, with explicit exclusions for acute
    47  care, emergency care, surgical interventions, and other services;
    48    (c) Proposed enrollment  procedures,  including  outreach  strategies,
    49  enrollment verification, and beneficiary education;
    50    (d)  A recommended pilot program size, including the number of benefi-
    51  ciaries to be enrolled and geographic targeting considerations;
    52    (e) Quality assurance and utilization review mechanisms to ensure that
    53  services meet acceptable standards of care;
    54    (f) Care coordination protocols,  including  mechanisms  for  communi-
    55  cation between Dominican providers and New York state providers, medical

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

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