S T A T E O F N E W Y O R K
________________________________________________________________________
6024
2009-2010 Regular Sessions
I N S E N A T E
June 19, 2009
___________
Introduced by Sen. BRESLIN -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the social services law, in relation to the purchase of
coverage under family health plus by voluntary employee benefit asso-
ciations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 369-ff of the social services law,
as added by chapter 95 of the laws of 2007, is amended to read as
follows:
1. (a) An employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR may
elect to offer family health plus insurance plans approved under the
family health plus program to all employees or members and family
members of employees or members. If an employer or [Taft-Hartley fund]
OTHER DESIGNATED SPONSOR chooses to offer family health plus insurance
plans, the employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR
shall pay to the commissioner or the commissioner's designee a sum of
money equal to at least seventy percent of the premium or a fixed dollar
amount, as determined by the commissioner, applicable to each enrolling
employee or member. Each employee or member who enrolls shall, through
the employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR, pay to the
commissioner or the commissioner's designee the balance of the premium.
If the employee's or member's share of the premium is covered by the
employer sponsored health coverage or premium assistance programs set
forth in this title, title eleven of this article, or title one-A of
article twenty-five of the public health law, then the employee's or
member's share of the premium shall be paid under such program. Notwith-
standing any provision of law, rule or regulation to the contrary, the
commissioner may, for children under the age of twenty-one, require
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12109-02-9
S. 6024 2
family health plus insurance plans to cover all benefits covered under
title one-A of article twenty-five of the public health law.
(b) Where an employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR
chooses to offer family health plus insurance plans under this section,
such employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR shall
disseminate to all employees or members information regarding employer
sponsored health coverage or premium assistance programs set forth in
this title, title eleven of this article, or title one-A of article
twenty-five of the public health law. The information shall be provided
by the commissioner to employers or [Taft-Hartley funds] OTHER DESIG-
NATED SPONSORS offering family health insurance plans and disseminated
by employers or [Taft-Hartley funds] OTHER DESIGNATED SPONSORS to
employees or members in a form and manner specified by the commissioner.
(c) Subject to federal approval, an employer or [Taft-Hartley fund]
OTHER DESIGNATED SPONSOR choosing to offer family health plus insurance
plans in accordance with paragraph (a) of this subdivision which (i) did
not previously offer health insurance to its employees or members or
(ii) currently offers health insurance to its employees or members but
the employer's or [Taft-Hartley fund's] OTHER DESIGNATED SPONSOR'S abil-
ity to continue to offer such coverage is in jeopardy, as determined by
the commissioner, may be eligible for state subsidies towards the cost
of its share of the premium only for employees or members who otherwise
may be eligible for family health plus, child health plus or medical
assistance under this title, title one-A of article twenty-five of the
public health law or title eleven of this article, respectively. An
employee or member identified as potentially eligible for family health
plus, child health plus or medical assistance through a process speci-
fied by the commissioner shall apply to the appropriate program for an
eligibility determination. The availability and amount of state subsi-
dies provided pursuant to this paragraph and eligibility criteria for
such subsidies shall be determined by the commissioner. State subsidies
pursuant to this paragraph shall be cost effective relative to payments
made under the family health plus, child health plus and medical assist-
ance programs, whichever program is applicable.
(d) All moneys paid to the commissioner under this section shall be
deposited by the commissioner in the family health plus employer part-
nership account established under section ninety-one-g of the state
finance law. Notwithstanding any provision of law, rule or regulation to
the contrary, the commissioner may issue a request for proposals and
enter into one or more contracts to administer the billing and
collection of premiums due under this section.
(e) The commissioner or the commissioner's designee is authorized to
act as a health plan coordinator between employers or [Taft-Hartley
funds] OTHER DESIGNATED SPONSORS and health plans if the commissioner
determines that a health plan coordinator will be helpful in the effec-
tive implementation of this section or in facilitating the offering of
multiple health plans by employers or [Taft-Hartley funds] OTHER DESIG-
NATED SPONSORS to their employees or members. The commissioner is also
authorized to amend existing facilitated enrollment contracts if neces-
sary to implement this section.
(F) FOR PURPOSES OF THIS SECTION, THE TERM "OTHER DESIGNATED SPONSOR"
MEANS: A TAFT-HARTLEY FUND OR A VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION
ESTABLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 501(C)(9) OF
THE FEDERAL INTERNAL REVENUE CODE.
S 2. This act shall take effect immediately.
