S T A T E O F N E W Y O R K
________________________________________________________________________
8235
2013-2014 Regular Sessions
I N A S S E M B L Y
November 6, 2013
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Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to establishing a small
group wellness incentive pilot program to expand the prevalence of
employee wellness initiatives by small businesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new article 44-A
to read as follows:
ARTICLE 44-A
SMALL GROUP WELLNESS INCENTIVE PILOT PROGRAM
SECTION 4450. SMALL GROUP WELLNESS INCENTIVE PILOT PROGRAM.
S 4450. SMALL GROUP WELLNESS INCENTIVE PILOT PROGRAM. (A) THERE SHALL
BE A SMALL GROUP WELLNESS INCENTIVE PILOT PROGRAM TO EXPAND THE PREVA-
LENCE OF EMPLOYEE WELLNESS INITIATIVES BY SMALL BUSINESSES. THE PROGRAM
SHALL BE ADMINISTERED BY THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH. THE PROGRAM SHALL PROVIDE SUBSIDIES AND TECHNICAL
ASSISTANCE FOR ELIGIBLE SMALL GROUPS TO IMPLEMENT EVIDENCE-BASED EMPLOY-
EE HEALTH AND WELLNESS PROGRAMS TO IMPROVE EMPLOYEE HEALTH, DECREASE
EMPLOYER HEALTH COSTS, AND INCREASE PRODUCTIVITY.
(B) AN ELIGIBLE SMALL GROUP SHALL BE QUALIFIED TO PARTICIPATE IN THE
PROGRAM IF:
(1) THE ELIGIBLE SMALL GROUP IS ELIGIBLE FOR FEDERAL HEALTH CARE TAX
CREDITS UNDER THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT,
PUB. L. 111-148;
(2) THE ELIGIBLE SMALL GROUP OFFERS AN EVIDENCE-BASED, EMPLOYEE WELL-
NESS PROGRAM, THAT MEETS CERTAIN MINIMUM CRITERIA, AS DETERMINED BY THE
DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH;
(3) THE ELIGIBLE SMALL GROUP MEETS CERTAIN MINIMUM EMPLOYEE PARTIC-
IPATION REQUIREMENTS IN THE QUALIFIED WELLNESS PROGRAM, AS DETERMINED BY
THE DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF HEALTH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11898-02-3
A. 8235 2
(C) FOR ELIGIBLE SMALL GROUPS PARTICIPATING IN THE PROGRAM, THE
DEPARTMENT SHALL PROVIDE AN ANNUAL SUBSIDY NOT TO EXCEED FIFTEEN PERCENT
OF ELIGIBLE EMPLOYER HEALTH CARE COSTS, AS CALCULATED BY THE DEPARTMENT.
AGGREGATE EXPENDITURES FOR THE SUBSIDY PROGRAM SHALL NOT EXCEED FIVE
MILLION DOLLARS IN ANY FISCAL YEAR. IF THE SUPERINTENDENT DETERMINES
THAT FUNDS ARE INSUFFICIENT TO MEET THE PROJECTED COSTS OF ENROLLING NEW
ELIGIBLE EMPLOYERS, THE SUPERINTENDENT SHALL IMPOSE A CAP ON ENROLLMENT
IN THE PROGRAM.
(D) THE DEPARTMENT SHALL COORDINATE WITH THE DEPARTMENT OF HEALTH TO
PROVIDE TECHNICAL ASSISTANCE, INCLUDING GRANT-WRITING ASSISTANCE, TO
PARTICIPATING ELIGIBLE SMALL GROUPS IN ORDER TO MAXIMIZE FEDERAL GRANT
FUNDING PROVIDED UNDER THE FEDERAL PATIENT PROTECTION AND AFFORDABLE
CARE ACT FOR THE ESTABLISHMENT OF WELLNESS INITIATIVES BY SMALL EMPLOY-
ERS.
(E) THE DEPARTMENT SHALL SEEK TO ENSURE THAT ALL NECESSARY APPLICA-
TIONS AND FILINGS COORDINATE WITH AND CONFORM TO APPROPRIATE FEDERAL
GUIDELINES IN ORDER TO MINIMIZE ADMINISTRATIVE BURDEN ON PARTICIPATING
SMALL GROUPS.
(F) THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE
ENROLLMENT IN THE SMALL BUSINESS WELLNESS INCENTIVE PILOT PROGRAM AND
EVALUATE THE IMPACT OF THE PROGRAM ON EXPANDING WELLNESS INITIATIVES FOR
SMALL GROUPS.
(G) THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
ARTICLE.
S 2. This act shall take effect immediately.