Senate Bill S114

                                BILL NUMBER:S114

TITLE OF BILL:

An act
to amend the insurance law, in relation to insurance coverage for
mentally or physically disabled dependents

PURPOSE OR GENERAL IDEA OF BILL:

This bill expands access to health insurance by amending the Insurance
Law to allow mentally and or physically challenged people, regardless
of age, to be covered under a parent's group health insurance policy.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 4304(1)(A) of the Insurance Law. Requires
commercial insurers to make available an option for parents/guardians
purchasing family health insurance policies through their employers
to cover their mentally and or physically challenged dependents.
There is no age limitation for such dependent. This bill would allow
parents to extend their current health insurance coverage provided by
an employer for the care of a person that is dependent on a
parent/guardian due to attributable disabilities. The young adult
must not be eligible for coverage under their own employer sponsored
insurance and they must be determined to be mentally and or
              

physically challenged to the point where that person is unable,
regardless of age, to work, live independently, and provide medical
insurance for oneself. It negates limiting age of any manner when
dealing with people that have been determined to meet the above
mentioned criteria. The option must be extended at policy inception
and at the first anniversary date following the effective date of the
provisions. This approach to working with high needs people/children
can also reduce state expenditures to those government funded
facilities. This bill is not intended to meet the needs
of all people diagnosed with specific conditions. It does not
relieve Mental Health Departments from providing the necessary
services to those individuals that have been deemed to have a mental
condition such as depression, manic depression, and/or been diagnosed
with bi-polar syndrome or any condition that can be treated, or
controlled through the use of medication. In other words, people with
such conditions that can and should be treated through medications
that permit a person the capability to function normally, live on
their own, and hold a job will not be covered by this bill.

Section 2 - Effective Date

EXISTING LAW:

This legislation amends existing law to require group insurance
policies to provide health insurance for physically and mentally
disabled children, regardless of age, under their parent's
employer-sponsored health insurance.

JUSTIFICATION:


This bill helps to mainstream disabled people into the community while
insuring their health and safety. It also reduces the need for New
York State to provide housing for those individuals that would be
provided for by the parent or guardian. Furthermore, the longer a
mentally or physically challenged person/child is allowed to stay in
a familiar environment the better it is for the person/child and
family. This bill allows parents an option to continue allowing their
disabled child the opportunity to live at home with them and in so
doing prevents placing that child in state run facilities such as
group homes, hospitals, or halfway houses. Providing this type of
care also keeps the family structure and support mechanisms in place.

PRIOR LEGISLATIVE HISTORY:

2010: S.6768 - Referred to Insurance/A.9408 - Referred to Insurance

FISCAL IMPLICATIONS:

No cost to the state or local governments.

EFFECTIVE DATE:

This act shall take effect immediately.