Provides for the establishment of health reimbursement arrangements in connection with Medicare benefits of out-of-state public retirees; provides that Medicare eligible out-of-state retirees can use the arrangements to pay for individual health insurance plan premiums and other health care expenses; allows the state to select a firm to run the arrangement; defines out-of-state public retirees and public employers.
S T A T E O F N E W Y O R K
________________________________________________________________________
10321
I N A S S E M B L Y
May 22, 2012
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to establishing
health reimbursement arrangements relating to Medicare benefits of
out-of-state public retirees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 162 of the civil service law is amended by adding a
new subdivision 9 to read as follows:
9. (A) THE PRESIDENT IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A
PLAN WHICH PROVIDES HEALTH REIMBURSEMENT ARRANGEMENTS TO THOSE PUBLIC
EMPLOYEE RETIREES AND THEIR DEPENDENTS WHO ARE COVERED BY MEDICARE AND
WHOSE PRIMARY RESIDENCE IS OUTSIDE THE STATE. THE PRESIDENT SHALL ADOPT
SUCH FURTHER REGULATIONS AS MAY BE REQUIRED FOR THE EFFECTIVE ADMINIS-
TRATION OF THE HEALTH REIMBURSEMENT ARRANGEMENTS, INCLUDING ELIGIBILITY,
TERMS AND CONDITIONS RELATING TO THE HEALTH REIMBURSEMENT ARRANGEMENTS.
(B) THE HEALTH REIMBURSEMENT ARRANGEMENTS SHALL PROVIDE ACCESS TO
INDIVIDUAL INSURANCE POLICES, INCLUDING MEDIGAP OR MEDICARE SUPPLEMENT
POLICIES, MEDICARE ADVANTAGE POLICIES AND MEDICARE PRESCRIPTION DRUG
POLICIES. THE HEALTH REIMBURSEMENT ARRANGEMENTS SHALL ALSO PROVIDE FOR
THE PAYMENT OF OR REIMBURSEMENT FOR THE PREMIUMS RELATING TO SUCH INDI-
VIDUAL INSURANCE POLICIES AND ANY OTHER ELIGIBLE EXPENSES AS DETERMINED
BY THE PRESIDENT IN REGULATIONS.
(C) THE PRESIDENT AND CONTRIBUTING PUBLIC EMPLOYERS SHALL ESTABLISH
THE LEVEL OF CONTRIBUTIONS TO THE HEALTH REIMBURSEMENT ARRANGEMENTS,
SUBJECT TO ANY APPLICABLE LAW.
(D) THE PRESIDENT SHALL ENTER INTO A CONTRACT WITH AN ADMINISTRATOR TO
PROVIDE ADMINISTRATIVE SERVICES WITH RESPECT TO THE HEALTH REIMBURSEMENT
ARRANGEMENTS.
(E) FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC EMPLOYEE RETIREES AND
THEIR DEPENDENTS" SHALL MEAN RETIRED MEMBERS (AND THEIR DEPENDENTS,
SURVIVING SPOUSES AND SURVIVING DEPENDENT CHILDREN) OF THE NEW YORK
STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHOSE PRIMARY RESIDENCE IS
OUTSIDE THE STATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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