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S08751 Summary:

BILL NOS08751A
 
SAME ASSAME AS A09169-A
 
SPONSORSEPULVEDA
 
COSPNSR
 
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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S08751 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8751--A
 
                    IN SENATE
 
                                     January 8, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be  committed  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
    18  leads to the progression of manageable health conditions into  acute  or
    19  emergency  situations  requiring costly interventions upon the benefici-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13909-04-6

        S. 8751--A                          2
 
     1  ary's return to New York  state,  thereby  increasing  overall  Medicaid
     2  expenditures;
     3    (d)  Medical services in the Dominican Republic can often be delivered
     4  at substantially lower costs than comparable services in New York state,
     5  while maintaining acceptable quality standards, particularly when  coor-
     6  dinated  through  accredited  facilities  and  the  Dominican Republic's
     7  established public health insurance infrastructure;
     8    (e) The  Dominican  Republic  operates  a  comprehensive  three-tiered
     9  public  health  insurance system managed by the Seguro Nacional de Salud
    10  (SeNaSa), which serves over seven million beneficiaries and maintains an
    11  extensive network of certified public and private health care  providers
    12  throughout the country;
    13    (f)  SeNaSa operates under the regulatory oversight of the Superinten-
    14  dencia de Salud y Riesgos Laborales  (SISALRIL)  and  provides  coverage
    15  through  multiple  regimes, including the Contributory Subsidized Regime
    16  (Regimen Contributivo Subsidiado), which provides coverage for  self-em-
    17  ployed workers and individuals with limited income who have not contrib-
    18  uted to the social security system through payroll taxes;
    19    (g)  A  bilateral  health  partnership  between New York state and the
    20  Dominican Republic, utilizing SeNaSa's  established  infrastructure  and
    21  provider network, represents an innovative approach to addressing health
    22  care  access gaps while potentially generating long-term savings for the
    23  New York state Medicaid program;
    24    (h) There are approximately eight hundred thousand dual-eligible medi-
    25  care-Medicaid enrollees in New York state, many of whom are  seniors  of
    26  Dominican  heritage  who maintain connections to the Dominican Republic;
    27  and
    28    (i) An initial pilot program funded entirely with  state-only  dollars
    29  could  demonstrate proof of concept for such partnerships, including the
    30  viability of cross-border payment systems, care coordination mechanisms,
    31  quality assurance protocols, and cost-effectiveness,  thereby  providing
    32  the evidentiary basis for a potential federal section 1115 demonstration
    33  waiver application to the Centers for Medicare and Medicaid Services.
    34    2. It is the intent of this legislation to:
    35    (a)  Establish  a commission to evaluate the feasibility and develop a
    36  framework for a state-only  funded  pilot  program  that  would  provide
    37  primary  and  preventive health care services to eligible New York state
    38  Medicaid beneficiaries aged 65 years and older who reside  part-time  or
    39  full-time in the Dominican Republic;
    40    (b)  Explore the establishment of a formal partnership between the New
    41  York state Medicaid program and the Seguro Nacional de Salud (SeNaSa) of
    42  the Dominican Republic to deliver covered health care  services  through
    43  SeNaSa's  Contributory  Subsidized Regime tier and its network of certi-
    44  fied providers;
    45    (c) Improve health care accessibility and affordability  for  eligible
    46  New  York state residents residing abroad by ensuring continuity of care
    47  and access to primary and preventive services that  would  otherwise  be
    48  unavailable or unaffordable;
    49    (d)  Reduce overall Medicaid expenditures by preventing the escalation
    50  of manageable health  conditions  into  acute  or  emergency  situations
    51  requiring  costly  interventions  upon beneficiaries' return to New York
    52  state;
    53    (e) Strengthen bilateral cooperation between the state of New York and
    54  the Dominican Republic in public health, health care  delivery,  medical
    55  education, and elder care;

        S. 8751--A                          3
 
     1    (f)  Develop  the  operational infrastructure, including payment mech-
     2  anisms, provider credentialing, care coordination protocols, and quality
     3  measurement systems, necessary to support  a  cross-border  health  care
     4  partnership; and
     5    (g)  Generate  sufficient  evidence  of cost-effectiveness and program
     6  viability to support a future application to the  Centers  for  Medicare
     7  and Medicaid Services for a section 1115 demonstration waiver and poten-
     8  tial  designation  as  a  designated  state health program (DSHP), which
     9  could provide federal matching funds of up  to  50  percent  of  program
    10  costs.
    11    3.  Nothing  in  this act shall be construed to expand eligibility for
    12  federal Medicaid expenditures outside the United States, unless express-
    13  ly authorized by federal law or waiver. The pilot  program  contemplated
    14  by  this  act shall be funded exclusively with state-only appropriations
    15  until such time as federal approval and matching funds are obtained.
    16    § 3. Definitions. As used in this act, the following terms shall  have
    17  the following meanings:
    18    1.  "Commission"  means  the  New  York-Dominican  health  partnership
    19  commission established pursuant to section four of this act.
    20    2. "Contributory subsidized regime" means the tier of coverage  within
    21  the  Dominican  Social  Security System (Sistema Dominicano de Seguridad
    22  Social) that provides health coverage for self-employed  workers,  inde-
    23  pendent  professionals, technical workers, and others with average wages
    24  equivalent to or higher than the national  minimum  wage  who  have  not
    25  contributed to the system through payroll taxes, funded through contrib-
    26  utions from the worker and a state subsidy.
    27    3.  "Covered  services"  means  primary care, preventive care, chronic
    28  disease management, and such other health care services as  the  commis-
    29  sion  may  recommend for inclusion in the pilot program, excluding acute
    30  care, emergency care, surgical interventions, and other services  to  be
    31  specified by the commission.
    32    4.  "Designated  state  health program" or "DSHP" means a state-funded
    33  health program that may be approved by  the  Centers  for  Medicare  and
    34  Medicaid  Services under a section 1115 demonstration waiver as eligible
    35  for federal financial participation.
    36    5. "Dominican Ministry of  Public  Health"  or  "Ministerio  de  Salud
    37  Publica"  means  the  cabinet-level  ministry  of  the government of the
    38  Dominican Republic responsible for public health policy and regulation.
    39    6. "Dual-eligible beneficiary" means an individual who is enrolled  in
    40  both  the  Medicare program under Title XVIII of the Social Security Act
    41  and the Medicaid program under Title XIX of the Social Security Act.
    42    7. "Eligible beneficiary" means a New York state resident who: (a)  is
    43  65 years of age or older; (b) is enrolled in the New York state Medicaid
    44  program;  (c)  resides  in  the  Dominican Republic for a minimum of six
    45  months per calendar year; (d) does not qualify for or is not enrolled in
    46  any private, senior, or retiree health insurance program in the  Domini-
    47  can  Republic;  and  (e)  meets  such  other eligibility criteria as the
    48  commission may recommend.
    49    8. "Pilot program" means the  New  York-Dominican  health  partnership
    50  pilot  program  to  be  developed pursuant to the recommendations of the
    51  commission.
    52    9. "Primary care" means basic health care services  including  general
    53  medical  examinations,  health  screenings,  diagnosis  and treatment of
    54  common illnesses and injuries, management of chronic conditions,  health
    55  education, and preventive care.

        S. 8751--A                          4
 
     1    10.  "Preventive  care" means health care services intended to prevent
     2  illness or detect health conditions at an early stage, including immuni-
     3  zations,  health  screenings,  wellness  visits,  and  chronic   disease
     4  prevention programs.
     5    11.  "Seguro  Nacional de Salud" or "SeNaSa" means the national health
     6  insurance agency of the Dominican Republic, the public autonomous insti-
     7  tution responsible for administering health risks for  beneficiaries  of
     8  the subsidized, contributory, and contributory subsidized regimes of the
     9  Dominican Social Security System, established pursuant to Law No.  87-01
    10  of the Dominican Republic.
    11    12.  "Section 1115 demonstration waiver" means a demonstration project
    12  authorized by section 1115 of the Social Security  Act  that  permits  a
    13  state  to  waive  certain  federal  Medicaid requirements to test exper-
    14  imental, pilot, or demonstration projects likely to promote  the  objec-
    15  tives of the Medicaid program.
    16    13.  "Superintendencia  de  Salud  y  Riesgos Laborales" or "SISALRIL"
    17  means the Superintendency of Health and Occupational Risks, the  Domini-
    18  can  regulatory  agency  responsible  for  oversight of health insurance
    19  providers in the Dominican Republic.
    20    § 4.  Establishment  of  the  New  York-Dominican  health  partnership
    21  commission. 1. There is hereby established the New York-Dominican health
    22  partnership commission ("the commission").
    23    2. The commission shall consist of 12 members, appointed as follows:
    24    (a) The commissioner of health, or their designee;
    25    (b) The director of the office for the aging, or their designee;
    26    (c)  The commissioner of temporary and disability assistance, or their
    27  designee;
    28    (d) The Medicaid director of the New York state department of  health,
    29  or their designee;
    30    (e) The director of the division of the budget, or their designee;
    31    (f)  Two members appointed by the speaker of the assembly, one of whom
    32  shall have expertise in health policy or Medicaid administration and one
    33  of whom shall represent the Dominican community in New York state;
    34    (g) Two members appointed by the temporary president  of  the  senate,
    35  one  of  whom shall have expertise in health policy or Medicaid adminis-
    36  tration and one of whom shall represent the Dominican community  in  New
    37  York state;
    38    (h)  One  member appointed by the governor who shall have expertise in
    39  international health policy, health economics,  or  cross-border  health
    40  care programs;
    41    (i)  One  member representative designated by the Consulate General of
    42  the Dominican Republic in New York,  who  shall  serve  in  an  advisory
    43  capacity  and  may participate in commission deliberations but shall not
    44  have voting privileges on matters pertaining to New York state appropri-
    45  ations or policy; and
    46    (j) One expert in international health policy or global health from  a
    47  New York-based university or academic medical center.
    48    3. The commissioner of health, or their designee, shall serve as chair
    49  of  the  commission.  The  commission shall select from among its voting
    50  members a vice-chairperson.
    51    4. Members shall be appointed within 60 days of the effective date  of
    52  this  act.  Vacancies  shall  be  filled  in the same manner as original
    53  appointments within 30 days of the occurrence of such vacancy.
    54    5. Members shall serve without compensation but shall be  entitled  to
    55  reimbursement  for  necessary  expenses  incurred  in the performance of
    56  their duties.

        S. 8751--A                          5
 
     1    6. A majority of the voting members of the commission shall constitute
     2  a quorum for the transaction of business. The commission shall  meet  at
     3  least quarterly and at such other times as the chair shall determine.
     4    7. The department of health shall provide staff support to the commis-
     5  sion and shall be responsible for administrative coordination of commis-
     6  sion activities.
     7    § 5. Duties of the commission. The commission shall:
     8    1. Conduct a comprehensive feasibility study examining:
     9    (a)  The  legal  requirements  and  regulatory  framework necessary to
    10  establish a bilateral health partnership between the state of  New  York
    11  and the Dominican Republic;
    12    (b)  The  cost-effectiveness  of providing primary and preventive care
    13  services to eligible beneficiaries through SeNaSa's Contributory  Subsi-
    14  dized  Regime compared to the current pattern of delayed care and subse-
    15  quent acute interventions in New York state;
    16    (c) The estimated number of New York state Medicaid beneficiaries aged
    17  65 and older who reside in the Dominican Republic for six months or more
    18  per year and who would be eligible for the pilot program;
    19    (d) The current health care utilization patterns and costs  associated
    20  with  such  beneficiaries, including emergency department visits, hospi-
    21  talizations, and other acute care  episodes  upon  return  to  New  York
    22  state;
    23    (e)  The  capacity,  quality  standards,  and  accreditation status of
    24  SeNaSa's provider network and whether such  standards  meet  or  can  be
    25  adapted to meet New York state public health and quality requirements;
    26    (f)  The  comparative  cost of primary and preventive care services in
    27  the Dominican Republic versus New York state; and
    28    (g) Potential barriers to implementation, including legal, regulatory,
    29  administrative, technological, and cultural considerations.
    30    2. Develop a detailed pilot program framework including:
    31    (a) Eligibility  criteria  for  beneficiary  participation,  including
    32  residency requirements, Medicaid enrollment verification, attestation of
    33  time  spent in the Dominican Republic, and exclusion criteria related to
    34  alternative insurance coverage;
    35    (b) A defined scope of covered services,  including  specific  primary
    36  care,  preventive  care,  and  chronic disease management services to be
    37  provided under the pilot program, with  explicit  exclusions  for  acute
    38  care, emergency care, surgical interventions, and other services;
    39    (c)  Proposed  enrollment  procedures,  including outreach strategies,
    40  enrollment verification, and beneficiary education;
    41    (d) A recommended pilot program size, including the number of  benefi-
    42  ciaries to be enrolled and geographic targeting considerations;
    43    (e) Quality assurance and utilization review mechanisms to ensure that
    44  services meet acceptable standards of care;
    45    (f)  Care  coordination  protocols,  including mechanisms for communi-
    46  cation between Dominican providers and New York state providers, medical
    47  records sharing, and continuity of care during  beneficiary  transitions
    48  between countries;
    49    (g)   Payment   mechanisms  and  contracting  requirements,  including
    50  proposed reimbursement rates, claims processing procedures,  and  finan-
    51  cial controls; and
    52    (h)  Performance  metrics  and  evaluation  criteria  to  assess pilot
    53  program success.
    54    3. Explore and recommend models for:
    55    (a) A formal partnership  agreement  or  memorandum  of  understanding
    56  between  the  New  York  state  department  of health and SeNaSa for the

        S. 8751--A                          6
 
     1  provision of covered services to eligible New York state Medicaid  bene-
     2  ficiaries;
     3    (b)  Provider  credentialing  and  facility  accreditation  systems to
     4  ensure that Dominican health facilities and providers  participating  in
     5  the  pilot  program meet New York state public health and quality stand-
     6  ards, or acceptable equivalent standards;
     7    (c) Reciprocal telehealth  programs  to  enable  remote  consultations
     8  between beneficiaries in the Dominican Republic and New York state-based
     9  providers, and to facilitate care coordination;
    10    (d)  Health  information  exchange systems to enable secure sharing of
    11  medical records and care coordination information between  participating
    12  providers in both jurisdictions;
    13    (e)  Long-term  care  partnerships and geriatrics exchange programs to
    14  address the specialized needs of the senior population; and
    15    (f) Future opportunities for federal collaboration  or  waivers  under
    16  section 1115 of the Social Security Act, including potential designation
    17  as a designated state health program.
    18    4. Assess potential fiscal impacts including:
    19    (a) Estimated state-only costs for the pilot program, including admin-
    20  istrative  costs,  payments to SeNaSa for covered services, care coordi-
    21  nation costs, and evaluation costs;
    22    (b) Projected savings to the New York state Medicaid program resulting
    23  from reduced acute  care  episodes,  emergency  department  visits,  and
    24  hospitalizations among pilot program participants;
    25    (c)  Net fiscal impact of the pilot program to New York state, compar-
    26  ing total costs to projected savings;
    27    (d) Economic benefits to both New York state and the Dominican  Repub-
    28  lic; and
    29    (e)  Potential  federal  savings  that could result from reduced acute
    30  care costs if a portion of pilot program participants are  dual-eligible
    31  for  medicare,  recognizing that any federal savings would accrue to the
    32  medicare program and not directly to New York state.
    33    5. Develop recommendations for:
    34    (a) Any statutory or regulatory changes required at the state level to
    35  authorize and implement the pilot program;
    36    (b)  Proposed  memoranda  of  understanding  or  bilateral  agreements
    37  between the New York state department of health and the Dominican Minis-
    38  try  of  Public Health, SeNaSa, and any other relevant Dominican govern-
    39  mental entities;
    40    (c) A state-only appropriation amount  necessary  to  fund  the  pilot
    41  program for an initial three-year demonstration period;
    42    (d)  A  timeline  and implementation plan for pilot program launch and
    43  operation;
    44    (e) A strategy for eventual application to the  Centers  for  Medicare
    45  and  Medicaid Services for a section 1115 demonstration waiver to obtain
    46  federal financial participation, including potential  designation  as  a
    47  designated state health program; and
    48    (f)  Criteria  for  evaluating  pilot  program success and determining
    49  whether to continue, expand, or terminate the program.
    50    6. Consult with:
    51    (a) Representatives of SeNaSa and other appropriate Dominican  govern-
    52  ment officials regarding the feasibility and structure of a partnership;
    53    (b) The Centers for Medicare and Medicaid Services regarding potential
    54  pathways for federal approval and financial participation;
    55    (c)  New York state Medicaid beneficiaries who reside part-time in the
    56  Dominican Republic regarding their health care needs and experiences;

        S. 8751--A                          7
 
     1    (d) Dominican community organizations in New York state;
     2    (e)  Health  care  providers  in both New York state and the Dominican
     3  Republic; and
     4    (f) Experts in international health policy,  Medicaid  administration,
     5  and cross-border health care programs.
     6    §  6.  Reporting.  1. The commission shall submit an interim report of
     7  its preliminary findings and recommendations to the governor, the speak-
     8  er of the assembly, the temporary  president  of  the  senate,  and  the
     9  chairs  of  the health and aging committees of both houses no later than
    10  nine months after the effective date of this act.
    11    2. The commission shall submit a final  report  of  its  findings  and
    12  recommendations to the governor, the speaker of the assembly, the tempo-
    13  rary  president  of  the  senate, and the chairs of the health and aging
    14  committees of both houses no later than 18 months  after  the  effective
    15  date of this act.
    16    3. Such final report shall include:
    17    (a) an executive summary of findings and recommendations;
    18    (b) a detailed feasibility analysis;
    19    (c)  a  proposed pilot program design, including eligibility criteria,
    20  covered services, enrollment procedures, and operational framework;
    21    (d) draft statutory language for any legislation necessary to  author-
    22  ize and implement the pilot program;
    23    (e)  draft  memorandum of understanding with SeNaSa and other relevant
    24  Dominican entities;
    25    (f) fiscal impact estimates, including projected costs and savings;
    26    (g) an implementation timeline and operational plan;
    27    (h) evaluation framework and performance metrics;
    28    (i) a strategy for federal waiver application; and
    29    (j) any dissenting views of commission members.
    30    § 7. Cooperation of  agencies.  All  departments,  divisions,  boards,
    31  bureaus, commissions, and agencies of the state and its political subdi-
    32  visions shall provide the commission with any information and assistance
    33  it  may  require in carrying out its duties under this act.  The depart-
    34  ment of health shall have primary responsibility for  coordinating  such
    35  cooperation  and providing data related to Medicaid enrollment, utiliza-
    36  tion, and expenditures for the populations of interest.
    37    § 8. Severability. If any provision of this act, or the application of
    38  such provision to any person or circumstance,  shall  be  held  invalid,
    39  illegal or unenforceable, the remainder of this act, and the application
    40  of  such  provision  to  persons or circumstances other than those as to
    41  which it is  held  invalid,  illegal  or  unenforceable,  shall  not  be
    42  affected thereby.
    43    §  9.  This  act shall take effect immediately and shall expire and be
    44  deemed repealed two years after such date.
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