Assembly Bill A3124

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

                                  3124

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, PHEFFER, McENENY -- Multi-Sponsored by
  -- M. of A. GREENE -- read once  and  referred  to  the  Committee  on
  Governmental Employees

AN  ACT  to  amend  the civil service law, in relation to establishing a
  long term care insurance program for all state employees and retirees

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

  Section  1.  The  civil service law is amended by adding a new section
176-a to read as follows:
  S 176-A.  MANDATORY LONG TERM CARE INSURANCE PROGRAM. 1. THE PRESIDENT
SHALL COOPERATE WITH THE SUPERINTENDENT OF INSURANCE TO ESTABLISH A LONG
TERM CARE INSURANCE PROGRAM FOR ALL STATE EMPLOYEES AND  RETIREES.  SUCH
PROGRAM SHALL: (A) PROVIDE INSURANCE COVERAGE, FOR THE ADMISSION TO, AND
CARE  AND  TREATMENT  BY,  A NURSING HOME AS SELECTED BY THE EMPLOYEE OR
RETIREE, IN SUCH AMOUNT NOT LESS THAN THE  AVERAGE  DAILY  COST  IN  THE
REGION  IN  WHICH  THE  EMPLOYEE  OR RETIREE RESIDES, FOR AS LONG AS THE
EMPLOYEE OR RETIREE RESIDES IN SUCH NURSING HOME;
  (B) PROVIDE, IN ADDITION TO SUCH NURSING HOME COVERAGE, IN  HOME  CARE
COVERAGE  FOR  THE  CARE  AND  TREATMENT  BY  AN IN HOME CARE PROGRAM AS
SELECTED BY THE EMPLOYEE OR RETIREE, IN SUCH AMOUNT NOT  LESS  THAN  THE
AVERAGE  DAILY  COST  IN  THE  REGION  IN  WHICH THE EMPLOYEE OR RETIREE
RESIDES, FOR AS LONG AS THE EMPLOYEE OR RETIREE REQUIRES  SUCH  IN  HOME
CARE OR TREATMENT;
  (C)  PROVIDE  SUCH  NURSING HOME COVERAGE AND IN HOME CARE COVERAGE TO
ANY EMPLOYEE OR RETIREE OVER AGE SEVENTY WHO WAS AN ACTIVE STATE EMPLOY-
EE AS OF THE EFFECTIVE DATE OF THIS SECTION;
  (D) MANDATE THE PROVISION OF SUCH COVERAGE TO ALL EMPLOYEES AND  RETI-
REES  IN  THE  SAME  MANNER  AS  HEALTH INSURANCE BENEFITS WITH EMPLOYEE
CONTRIBUTIONS NOT EXCEEDING THOSE CURRENTLY IMPOSED FOR HEALTH INSURANCE
BENEFITS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03352-01-9

              

A. 3124                             2

  (E) PROVIDE THAT ALL EMPLOYEES  OR  RETIREES  SO  COVERED  UNDER  THIS
PROGRAM  SHALL  BE  INELIGIBLE TO RECEIVE MEDICAID REIMBURSEMENT FOR ANY
COVERAGE PROVIDED PURSUANT TO THIS PROGRAM, AND AS  SUCH  SHALL  NOT  BE
REQUIRED TO DIVEST ASSETS OR MEET MEDICAID ELIGIBILITY REQUIREMENTS; AND
  (F) HAVE A DOMESTIC INSURER, SELECTED BY THE PRESIDENT AND SUPERINTEN-
DENT  OF  INSURANCE,  THAT HAS PREVIOUS EXPERIENCE IN UNDERWRITING LARGE
SCALE LONG TERM INSURANCE PROGRAMS.
  2. THE PRESIDENT, WITH THE SUPERINTENDENT OF INSURANCE,  SHALL  ESTAB-
LISH THIS PROGRAM ON OR BEFORE JULY FIRST, TWO THOUSAND TEN.
  S 2. This act shall take effect immediately.