senate Bill S288

2011-2012 Legislative Session

Creates a task force on universal long term care insurance

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Apr 04, 2011 defeated in insurance
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to insurance

Votes

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Apr 4, 2011 - Insurance committee Vote

S288
4
10
committee
4
Aye
10
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Insurance Committee Vote: Apr 4, 2011

Co-Sponsors

S288 - Bill Details

See Assembly Version of this Bill:
A4049
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add ยง1117-a, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A10740
2009-2010: S3127A, S621, A1666A

S288 - Bill Texts

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Creates a task force on universal long term care insurance to develop a plan for the financing and provisions for universal long term care insurance for all New Yorkers; provides that the task force shall be chaired by the director of the office for the aging; provides that such task force shall hold public hearings and issue reports.

view sponsor memo
BILL NUMBER:S288

TITLE OF BILL: REVISED 12/30/11
An act
to amend the insurance law, in relation to creating a task force on
universal long term care insurance

PURPOSE:
The purpose of this bill is to ensure that every New York resident
receives the protection of long term care insurance in his or her old
age.

SUMMARY OF PROVISIONS:
Section 1. Legislative Intent

Section 2. Amends the Insurance Law by adding a new section 1117-a.
Creates a Task Force on Universal Long Term Care Insurance to be
comprised of eighteen members. Such task force would develop a plan
for the provision and financing of universal long term care insurance
for all New Yorkers. The task force would analyze current long term
care insurance offerings in the State, determine how the use of
individual taxpayer contributions may be used to fund the purchase
of long term care insurance for all residents and develop the benefits
and mechanisms necessary for providing long term care insurance for
all New Yorkers. The Director of the State Office for the Aging would
serve as the chairperson of the task force. The task force would meet
at least once every two months and at the call of the chairperson. In
addition, the task force would issue four reports including an
initial six month report, two interim reports and within 24 months of
its initial meeting a final report to the Governor, Majority Leader
of the Senate and the Speaker of the Assembly. The task force would
also be required to hold at least six public hearings related to the
issue of providing and financing long term care insurance for all New
York residents. The members
of the task force would not receive any compensation for their
services except for any expenses they would incur in the performance
of their duties.

Section 3. Effective Date

EXISTING LAW:
This bill would add a new section 1117-a to the Insurance Law.

JUSTIFICATION:
The age sixty-five plus population is expected to more than double
between the years 2000 and 2030 to number almost seventy million
nationally. Sixty percent of those who reach age sixty-five will need
some form of long term care. In comparison to the State's total
population
increase of five and one half percent between the years 1990 and 2000,
the number of individuals age eighty-five and older increased by
twenty-five and one half percent and is the fastest growing segment
of our population. Dynamic changes in the State's population will
continue to increase as the baby boom generation reaches age sixty
and continues to mature. As one would anticipate from these shifts in


demographics, the need for affordable long term care services is
growing and is expected to accelerate at a dramatic rate.

In New York State, the average yearly cost of a nursing home can range
from seventy thousand dollars to one hundred fifteen thousand
dollars. Twenty-four hour home health care can cost more than twice
this much. Many New Yorkers are unable to afford the high cost of long
term care insurance and rely on Medicaid in order to pay for the
costs of home health or nursing home care. New York State has an
obligation to promote the general welfare of its citizens by enabling
them to access the long term care they will need in their old age
without having to impoverish themselves. Thereby, this bill would
create a task force to develop a plan for establishing a system of
mandatory long term care insurance for all New Yorkers. This
approach, premised on the principal of universal coverage in exchange
for universal responsibility, would ensure that every resident
receives the protection of long term care insurance in his or her old
age.

LEGISLATIVE HISTORY:
2011: S.288 - Defeated in Insurance/A.4049 - Referred to
Insurance
2009-10: S.3127A - Amend and Recommit to Insurance/A.1666A -Amend and
Recommit to Insurance
2008-07: S.3169 - Referred to Insurance/A.855 Referred to Insurance
2006: A.8907 (Similar Bill) - Passed Assembly

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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

                                   288

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

AN ACT to amend the insurance law, in relation to creating a task  force
  on universal long term care insurance

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

  Section 1. Legislative findings and intent. The legislature finds  and
declares  that  the  average  length  of life is increasing and that the
population as a whole is aging. The age sixty-five  plus  population  is
expected  to  more than double between the years 2000 and 2030 to number
almost seventy million nationally. Sixty percent of those who reach  age
sixty-five  will  need some form of long term care. In comparison to the
state's total population increase of five and one-half  percent  between
the  years  1990 and 2000, the number of individuals age eighty-five and
older increased by twenty-five and one-half percent and is  the  fastest
growing  segment of our population. Dynamic changes in the state's popu-
lation will continue to increase as the baby boom generation reaches age
sixty and continues to mature. As one would anticipate from these shifts
in demographics, the need for affordable  long  term  care  services  is
growing and is expected to accelerate at a dramatic rate.
  In New York state, the average yearly cost of a nursing home can range
from  seventy  thousand dollars to one hundred fifteen thousand dollars.
Twenty-four hour home health care can cost more than  twice  this  much.
Many  New  Yorkers  are unable to afford the high cost of long term care
insurance and must rely on Medicaid to pay for the costs of home  health
or nursing home care.
  Congress  recognized  the  public  benefit of social insurance when it
implemented Social Security in order to better  the  condition  of  each
American  at  his  or her retirement and thereafter. Under its constitu-
tion, the state has an obligation to promote the general welfare of  its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02571-01-1

S. 288                              2

citizens by enabling them to access the care they will need in their old
age without having to impoverish themselves. This act is a reflection of
state  concern  for the lack of alternatives to Medicaid that are avail-
able  to  the  citizens of New York in order to finance the astronomical
costs of long term care. Accordingly, it charges the  governor  and  the
legislature with the responsibility of creating a plan that would estab-
lish a system of mandatory long term care insurance for all New Yorkers.
This  approach,  premised  on  the  principle  of  universal coverage in
exchange for universal responsibility, will ensure that  every  resident
of  the  state receives the protection of long term care insurance bene-
fits in his or her old age.
  S 2. The insurance law is amended by adding a new  section  1117-a  to
read as follows:
  S  1117-A.  TASK  FORCE  ON  UNIVERSAL  LONG  TERM CARE INSURANCE. (A)
CREATION. A TASK FORCE IS HEREBY CREATED  TO  DEVELOP  A  PLAN  FOR  THE
FINANCING  AND  PROVISIONS OF UNIVERSAL LONG TERM CARE INSURANCE FOR ALL
RESIDENTS OF THE STATE.
  (B) ACTIVITIES. IN FORMULATING ITS PLAN, THE ACTIVITIES  OF  THE  TASK
FORCE SHALL INCLUDE BUT NOT BE LIMITED TO:
  (1)  ANALYZING  AND  REPORTING ON THE CURRENT LONG TERM CARE INSURANCE
OFFERINGS IN THE STATE, THEIR AFFORDABILITY AND THE ADEQUACY  OF  POLICY
BENEFITS;
  (2)  DETERMINING  HOW INDIVIDUAL TAXPAYER CONTRIBUTIONS MAY BE USED TO
FUND THE PURCHASE OF LONG TERM CARE INSURANCE FOR ALL RESIDENTS  OF  THE
STATE;
  (3)  DETERMINING  AND  DEVELOPING  THE BENEFITS THAT SHALL BE PROVIDED
WITH AN EMPHASIS ON FLEXIBILITY IN MEETING THE DESIRE OF INDIVIDUALS  TO
AGE IN PLACE IN THEIR HOMES;
  (4) DETERMINING HOW BENEFITS SHALL BE ALLOCATED;
  (5) DEVELOPING CRITERIA FOR INSURER PARTICIPATION;
  (6) DEVISING A MEANS FOR ENSURING PORTABILITY OF CONTRIBUTIONS;
  (7) ENSURING THE FINANCIAL STRENGTH OF PARTICIPATING INSURERS; AND
  (8)  EVALUATING  THE USE OF PRE-EXISTING MEDICAL CONDITIONS AS A BASIS
FOR DENYING BENEFITS.
  (C) COMPOSITION. THE TASK FORCE SHALL CONSIST OF EIGHTEEN MEMBERS. THE
TASK FORCE SHALL INCLUDE THE DIRECTOR OF THE OFFICE FOR THE  AGING,  WHO
SHALL SERVE AS CHAIRPERSON OF THE TASK FORCE, AND THE FOLLOWING INDIVID-
UALS OR THEIR DESIGNEES: THE SUPERINTENDENT, THE COMMISSIONER OF HEALTH,
THE  COMMISSIONER OF TAXATION AND FINANCE, THE COMPTROLLER, THE ATTORNEY
GENERAL AND THE DIRECTOR OF THE DIVISION OF THE  BUDGET.  THE  GOVERNOR,
THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
SHALL EACH APPOINT THREE MEMBERS, AND THE MINORITY LEADER OF THE  SENATE
AND  THE  MINORITY LEADER OF THE ASSEMBLY SHALL EACH APPOINT ONE MEMBER,
OF WHOM SIX MEMBERS SHALL BE STAKEHOLDERS FROM THE LONG TERM HEALTH CARE
COMMUNITY AND THE REMAINING FIVE MEMBERS SHALL INCLUDE  INDIVIDUALS  WHO
ARE  EXPERTS  IN THE FIELDS OF STATISTICS, ACTUARIAL SCIENCE, ECONOMICS,
OR FISCAL AND PUBLIC POLICY, IN ADDITION TO CONSUMER RIGHTS ADVOCATES OR
REPRESENTATIVES OF RETIRED PERSONS, THE ELDERLY OR LONG TERM CARE INSUR-
ANCE PROVIDERS OR THEIR REPRESENTATIVES.
  (D) POWERS AND DUTIES. (1) THE TASK FORCE  SHALL  HAVE  THE  POWER  TO
RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, AGENCY
OR  OTHER  INSTRUMENTALITY  OF THE STATE OR OF ANY POLITICAL SUBDIVISION
THEREOF SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPERLY TO CARRY OUT
ITS ACTIVITIES HEREUNDER.
  (2) THE TASK FORCE SHALL MEET AT LEAST ONCE EVERY TWO MONTHS,  AND  AT
THE CALL OF THE CHAIRPERSON.

S. 288                              3

  (3)  THE  TASK  FORCE SHALL ISSUE A REPORT WITHIN SIX MONTHS AFTER ITS
INITIAL MEETING DETAILING ITS PROGRESS. THE REPORT SHALL CONTAIN  INFOR-
MATION PERTAINING TO THE OPERATIONS OF THE TASK FORCE INCLUDING HOW MANY
TIMES  THE  TASK FORCE HAS CONVENED, THE KEY ISSUES IT HAS CONSIDERED AT
ITS  MEETINGS, THE OBSTACLES IT HAS IDENTIFIED (IF ANY) AND A TIME FRAME
WITH BENCH MARKS FOR DELIVERING ITS PLAN.
  (4) THE TASK FORCE SHALL ISSUE AN INTERIM REPORT WITHIN TWELVE  MONTHS
AFTER  ITS  INITIAL  MEETING AND A SECOND INTERIM REPORT WITHIN EIGHTEEN
MONTHS AFTER ITS INITIAL MEETING.  THE  INTERIM  REPORTS  SHALL  CONTAIN
UPDATES  OF THE INFORMATION PROVIDED IN THE INITIAL REPORT AND ANY OTHER
PERTINENT INFORMATION PERTAINING TO THE OPERATIONS OF THE TASK FORCE.
  (5) WITHIN TWENTY-FOUR MONTHS OF ITS INITIAL MEETING, THE  TASK  FORCE
SHALL  ISSUE  ITS  FINAL  REPORT  WHICH  SHALL  CONTAIN ITS PLAN FOR THE
FINANCING AND PROVISIONS OF LONG TERM CARE INSURANCE FOR  ALL  RESIDENTS
OF THE STATE.
  (6)  COPIES OF THE SIX MONTH REPORT, THE INTERIM REPORTS AND THE FINAL
REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY. COPIES OF SUCH REPORTS SHALL
ALSO  BE  MADE  AVAILABLE TO THE PUBLIC AND POSTED ON THE OFFICE FOR THE
AGING WEBSITE.
  (7) PRIOR TO ISSUING ITS FINAL REPORT, THE TASK FORCE  SHALL  HOLD  AT
LEAST SIX PUBLIC HEARINGS RELATING TO THE ISSUE OF PROVIDING AND FINANC-
ING  UNIVERSAL  LONG TERM CARE INSURANCE FOR THE RESIDENTS OF THE STATE.
THE FIRST TWO HEARINGS SHALL OCCUR WITHIN THREE MONTHS AFTER THE INITIAL
MEETING OF THE TASK FORCE FOR THE PURPOSE OF INFORMATION  GATHERING  AND
SOLICITING  PUBLIC  OPINION  AND COMMENT. THE THIRD AND FOURTH HEARINGS,
THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE TASK FORCE, SHALL  OCCUR
WITHIN  TWELVE  MONTHS AFTER THE INITIAL MEETING OF THE TASK FORCE.  THE
LAST TWO HEARINGS SHALL OCCUR NO LATER THAN ONE  MONTH  AFTER  THE  TASK
FORCE  HAS  COMPLETED  ITS  FINAL  REPORT  FOR THE PURPOSE OF SOLICITING
PUBLIC OPINION AND COMMENT.
  (8) THE MEMBERS OF THE TASK FORCE SHALL RECEIVE  NO  COMPENSATION  FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  S 3. This act shall take effect immediately.

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