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S05814 Summary:

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S05814 Floor Votes:

S05814 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5814--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 17, 2013
                                       ___________
 
        Introduced  by  Sens.  LANZA, ADDABBO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to  the Committee on Finance in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 

        AN  ACT  to  amend  chapter  56  of  the laws of 2013, providing medical
          assistance to certain retirees of the New York city off-track  betting
          corporation,  in relation to prohibiting cost recovery of such assist-
          ance; and to expand the provision of such medical assistance
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    Section  1 of part P of chapter 56 of the laws of 2013,
     2  providing medical assistance to certain retirees of the  New  York  city
     3  off-track betting corporation, is amended to read as follows:
     4    Section  1.  Notwithstanding  any  other  provision  of law, for state
     5  fiscal year 2013-14, and for each state fiscal year  thereafter,  up  to
     6  five  million  dollars  shall  be  available annually to provide medical

     7  assistance for individuals who reside in New York state and are retirees
     8  of the New York  city  off-track  betting  corporation  or  were  active
     9  employees  of  such corporation with vested pension time or credit as of
    10  December 7, 2010, and for the dependents of such individuals, in accord-
    11  ance with the provisions of this section. Such individuals who are Medi-
    12  care beneficiaries under title XVIII of the federal social security  act
    13  shall  be  eligible  for  assistance  under title 11 of article 5 of the
    14  social services law with the cost of Medicare premiums and/or cost shar-
    15  ing obligations, as determined in accordance with guidelines established
    16  by the commissioner of health. For the period  from  April  1,  2013  to
    17  December  31,  2013, such individuals who are not Medicare beneficiaries
    18  under title XVIII of the federal social security act shall  be  eligible

    19  for standard fee-for-service coverage under title 11 of article 5 of the
    20  social  services law, as determined in accordance with guidelines estab-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11464-04-4
        S. 5814--A                          2
 
     1  lished by the commissioner of health.   Prior to October  1,  2013,  the
     2  state  enrollment  center  shall  provide  a  written  notice of program
     3  discontinuance that will become effective as of December  31,  2013,  to
     4  each  individual eligible by a Medicaid fee-for-service plan established
     5  pursuant to this section. The notice shall be in such form  and  contain
     6  such  information as the commissioner of health may require. In addition

     7  to any other information required  by  such  commissioner,  the  written
     8  notice  shall  include  a  conspicuous  explanation,  in plain language,
     9  informing such individual of available health insurance options, includ-
    10  ing coverage through the health benefit exchange established pursuant to
    11  section 1311 of the federal affordable care act, (42 USC  §  18031)  and
    12  information  on  the  process by which application therefore may be made
    13  through the state enrollment center in order to effectuate health cover-
    14  age under the health benefit exchange for such individuals beginning  on
    15  January  1,  2014.  Such  commissioner shall direct the state enrollment
    16  center to facilitate the enrollment of such individuals into the  health
    17  benefit  exchange established in accordance with the requirements of the
    18  federal patient protection and affordable care act  (P.L.  111-148),  as

    19  amended  by the federal health care and education act of 2010 (P.L. 111-
    20  152).  Provided, however, that none of the cost recovery  provisions  of
    21  section  369  of the social services law, with the exception of subpara-
    22  graph (i) of paragraph (a) of subdivision 2 of such section, shall apply
    23  to retirees of the New  York  city  off-track  betting  corporation,  to
    24  persons  who  were  active  employees  of  such  corporation with vested
    25  pension time or credit as of December 7, 2010 or to  the  dependents  of
    26  such  retirees or persons. Upon notice to participating individuals, the
    27  size and scope of program benefits in a given fiscal year may be reduced
    28  by the commissioner of health to remain within program funding levels.
    29    § 2. On and after April 1, 2014, retirees of the New  York  city  off-

    30  track betting corporation, individuals who were active employees of such
    31  corporation  with  vested pension time or credit as of December 7, 2010,
    32  and the dependents of such retirees and individuals, who are  not  Medi-
    33  care beneficiaries under title XVIII of the federal social security act,
    34  may  enroll  in  the standard fee-for-service coverage under title 11 of
    35  article 5 of the social services law, in accordance with  section  1  of
    36  part P of chapter 56 of the laws of 2013, as amended, and the guidelines
    37  of the commissioner of health adopted pursuant thereto.
    38    § 3. This act shall take effect immediately, except that:
    39    (a) section one of this act shall be deemed to have been in full force
    40  and effect on and after March 28, 2013; and
    41    (b) section two of this act shall be deemed to have been in full force
    42  and effect on and after April 1, 2014.