senate Bill S5814

Signed by Governor Amended

Prohibits cost recovery of medical assistance paid to retirees and former employees of the New York city off-track betting corporation, and their dependents

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1548
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO GOVERNMENTAL EMPLOYEES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 02 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 02 / Jun / 2014
    • PRINT NUMBER 5814A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1534
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A8055A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.602
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.515

Summary

Prohibits cost recovery of medical assistance paid to retirees and former employees of the New York city off-track betting corporation, and their dependents; expands eligibility for such assistance to retirees and former employees who are not receiving Medicare benefits.

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Bill Details

See Assembly Version of this Bill:
A8055
Versions:
S5814
S5814A
Legislative Cycle:
2013-2014
Law Section:
Off-Track Betting
Laws Affected:
Amd Part P ยง1, Chap 56 of 2013

Sponsor Memo

BILL NUMBER:S5814

TITLE OF BILL: An act to amend chapter 56 of the laws of 2013,
relating to providing medical assistance to certain retirees of the
New York city off-track betting corporation, in relation to lien
recovery

PURPOSE: To make technical amendments to the OTB Retiree Health
program

SUMMARY OF PROVISIONS: Chapter 56 of the Laws of 2013, Part F, is
amended by adding in pertinent part, "provided, however, that none of
the cost recovery provisions of section three hundred sixty-nine of
the social services law, with the exception of subdivision two,
paragraph (a), subparagraph (i) of such section, shall apply to the
retirees of the New York city off-track betting corporation."

JUSTIFICATION: This bill provides a critical amendment to Chanter 56
of the laws of 2013, which protects the former New York City Off Track
Betting Corporation (NYC OTB) public employees by providing them with
health insurance and supplemental benefits through the Department of
Health and New York State Medicaid. This technical amendment would
exclude this population from previsions of the social services law,
which allow the State to seek cost recovery from a Medicaid
recipient's estate.

Prior to the closure of the NYC OTB on December 7, 2010, retirees of
the corporation received health insurance and supplements through
their employer and employee organization, respectively. Employees
entered NYCOTB service with the assurance that, if they retired from
NYCOTB, they and their dependants would continue to receive these
benefits. It was indeed a significant condition of their employment.

The State has since provided health benefits to these retirees through
Chapter 56 of the laws of 2013, part P, and its appropriation. The
program, which provides these retirees, vested members and their
dependents with Medicaid benefits without the financial eligibility
requirements traditionally associated with Medicaid, was intended to
provide the retirees and their families with comprehensive health
benefits as soon as possible. Providing an existing program's benefits
was deemed more efficient than creating a new program for this small,
unique population. Unfortunately, the existing Medicaid program
includes cost recovery provisions that technically may be applied to
these retirees, if not specifically made excludable.

These workers have not become wards of the State through any fault of
its own. Many have worked 25 years or more, earning their retirement
benefits through hard work and dedication. Applying the cost recovery
Provisions associated with traditional Medicaid in any situation other
than if the recipient were ineligible for the benefit would be grossly
unfair.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: This act shall take effect on the same date and in
the same manner as chapter 56 of the laws of 2013, relating to
providing medical assistance to certain retirees of the New York city
off-track betting corporation (Part P), takes effect.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5814

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend chapter 56 of the laws of 2013,  relating  to  providing
  medical  assistance to certain retirees of the New York city off-track
  betting corporation, in relation to lien recovery

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1  of  part P of chapter 56 of the laws of 2013,
relating to providing medical assistance to certain retirees of the  New
York city off-track betting corporation is amended to read as follows:
  Section  1.  Notwithstanding  any  other  provision  of law, for state
fiscal year 2013-14, and for each state fiscal year  thereafter,  up  to
five  million  dollars  shall  be  available annually to provide medical
assistance for individuals who reside in New York state and are retirees
of the New York  city  off-track  betting  corporation  or  were  active
employees  of  such corporation with vested pension time or credit as of
December 7, 2010, and for the dependents of such individuals, in accord-
ance with the provisions of this section. Such individuals who are Medi-
care beneficiaries under title XVIII of the federal social security  act
shall  be  eligible  for  assistance  under title 11 of article 5 of the
social services law with the cost of Medicare premiums and/or cost shar-
ing obligations, as determined in accordance with guidelines established
by the commissioner of health. For the period  from  April  1,  2013  to
December  31,  2013, such individuals who are not Medicare beneficiaries
under title XVIII of the federal social security act shall  be  eligible
for standard fee-for-service coverage under title 11 of article 5 of the
social  services law, as determined in accordance with guidelines estab-
lished by the commissioner of health.   Prior to October  1,  2013,  the
state  enrollment  center  shall  provide  a  written  notice of program
discontinuance that will become effective as of December  31,  2013,  to
each  individual eligible by a Medicaid fee-for-service plan established

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11464-01-3

S. 5814                             2

pursuant to this section. The notice shall be in such form  and  contain
such  information as the commissioner of health may require. In addition
to any other information required  by  such  commissioner,  the  written
notice  shall  include  a  conspicuous  explanation,  in plain language,
informing such individual of available health insurance options, includ-
ing coverage through the health benefit exchange established pursuant to
section 1311 of the federal affordable care act, (42 USC  S  18031)  and
information  on  the  process by which application therefore may be made
through the state enrollment center in order to effectuate health cover-
age under the health benefit exchange for such individuals beginning  on
January  1,  2014.  Such  commissioner shall direct the state enrollment
center to facilitate the enrollment of such individuals into the  health
benefit  exchange established in accordance with the requirements of the
federal patient protection and affordable care act  (P.L.  111-148),  as
amended  by the federal health care and education act of 2010 (P.L. 111-
152).  PROVIDED, HOWEVER, THAT NONE OF THE COST RECOVERY  PROVISIONS  OF
SECTION  369  OF THE SOCIAL SERVICES LAW, WITH THE EXCEPTION OF SUBPARA-
GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION 2 OF SUCH SECTION, SHALL APPLY
TO THE RETIREES OF THE NEW YORK CITY OFF-TRACK BETTING  CORPORATION,  OR
THOSE  WHO WERE ACTIVE EMPLOYEES OF SUCH CORPORATION WITH VESTED PENSION
TIME OR CREDIT AS OF DECEMBER 7, 2010, AND THEIR DEPENDENTS. Upon notice
to participating individuals, the size and scope of program benefits  in
a  given  fiscal  year  may  be reduced by the commissioner of health to
remain within program funding levels.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 28, 2013.

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