S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7743
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Aging
 
 AN  ACT  to  amend the elder law, in relation to establishing an elderly
   dental insurance coverage program; and making an appropriation  there-
   for
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 2 of the elder law is amended by adding a new title
 5 to read as follows:
                                   TITLE 5
                         ELDERLY DENTAL INSURANCE
                             COVERAGE PROGRAM
 SECTION 270. DEFINITIONS.
         271. ELDERLY DENTAL INSURANCE COVERAGE PROGRAM.
         272. PROGRAM ELIGIBILITY.
         273. REGULATIONS.
         274. PENALTIES FOR FRAUD AND ABUSE.
   § 270. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE TERMS:
   1. "INCOME" SHALL MEAN "HOUSEHOLD GROSS INCOME" AS DEFINED IN THE REAL
 PROPERTY TAX CIRCUIT BREAKER CREDIT PROGRAM,  PURSUANT  TO  SUBPARAGRAPH
 (C) OF PARAGRAPH ONE OF SUBSECTION (E) OF SECTION SIX HUNDRED SIX OF THE
 TAX  LAW,  BUT  ONLY  SHALL INCLUDE THE INCOME OF PROGRAM APPLICANTS AND
 SPOUSES AND SHALL EXCLUDE THE INCOME OF OTHER MEMBERS OF THE HOUSEHOLD.
   2. "RESIDENT" SHALL MEAN AN INDIVIDUAL LEGALLY  DOMICILED  WITHIN  THE
 STATE.
   §  271.  ELDERLY DENTAL INSURANCE COVERAGE PROGRAM. THE DIRECTOR SHALL
 ESTABLISH AN ELDERLY DENTAL INSURANCE COVERAGE PROGRAM, IN  CONSULTATION
 WITH THE COMMISSIONER OF CIVIL SERVICE, WITHIN THE STATE EMPLOYEE DENTAL
 INSURANCE  PLAN.    SUCH PROGRAM SHALL PROVIDE COMPREHENSIVE AND ROUTINE
 DENTAL CARE SERVICES TO SENIOR RESIDENTS WHO MEET THE PROGRAM  ELIGIBIL-
 ITY  REQUIREMENTS ESTABLISHED IN SECTION TWO HUNDRED SEVENTY-TWO OF THIS

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

                                                            LBD06383-01-7

 A. 7743                             2
 
 TITLE. SUCH PROGRAM SHALL ONLY BE AVAILABLE IN DUTCHESS, KINGS,  SARATO-
 GA,  SCHENECTADY, ULSTER, WARREN AND WASHINGTON COUNTIES UNTIL SUCH DATE
 THAT THE DIRECTOR DETERMINES THAT EXPANDING SUCH PROGRAM SHALL BE APPRO-
 PRIATE.
   §  272.  PROGRAM  ELIGIBILITY.  1. PERSONS ELIGIBLE FOR COVERAGE UNDER
 SECTION TWO HUNDRED SEVENTY-ONE OF THIS TITLE SHALL INCLUDE:
   (A) ANY UNMARRIED RESIDENT WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND
 WHOSE INCOME FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING  THE  EFFECTIVE
 DATE  OF  THIS  TITLE,  IS  LESS  THAN  OR  EQUAL TO TWENTY-TWO THOUSAND
 DOLLARS. AFTER THE INITIAL DETERMINATION OF ELIGIBILITY,  EACH  ELIGIBLE
 INDIVIDUAL  MUST  BE  REDETERMINED  ELIGIBLE  AT LEAST EVERY TWENTY-FOUR
 MONTHS; AND
   (B) ANY MARRIED RESIDENT WHO IS AT LEAST SIXTY-FIVE YEARS OF  AGE  AND
 WHOSE  INCOME  FOR THE CALENDAR YEAR IMMEDIATELY PRECEDING THE EFFECTIVE
 DATE OF THE ANNUAL COVERAGE PERIOD WHEN COMBINED WITH THE INCOME IN  THE
 SAME CALENDAR YEAR OF SUCH MARRIED PERSON'S SPOUSE BEGINNING ON OR AFTER
 JANUARY  FIRST,  TWO THOUSAND EIGHTEEN, IS LESS THAN OR EQUAL TO TWENTY-
 FIVE THOUSAND DOLLARS. AFTER THE INITIAL DETERMINATION  OF  ELIGIBILITY,
 EACH  ELIGIBLE  INDIVIDUAL  MUST BE REDETERMINED ELIGIBLE AT LEAST EVERY
 TWENTY-FOUR MONTHS.
   2. ELIGIBILITY FOR ASSISTANCE UNDER THIS TITLE SHALL NOT BE GRANTED TO
 ANY PERSON WHO AT THE TIME AN APPLICATION IS MADE  IS  RECEIVING  EQUIV-
 ALENT  OR  BETTER  COVERAGE FROM ANY OTHER PUBLIC OR PRIVATE THIRD PARTY
 PAYMENT SOURCE OR INSURANCE PLAN THAN THOSE BENEFITS PROVIDED FOR  UNDER
 THIS TITLE.
   3.  THE  DIRECTOR  SHALL  ESTABLISH A SLIDING SCALE SUCH THAT THE MORE
 INCOME A PERSON ELIGIBLE FOR COVERAGE PURSUANT TO THIS  TITLE  HAS,  THE
 HIGHER  SUCH  PERSON'S  PREMIUM  AND  PROGRAM  COSTS SHALL BE. THE EXACT
 AMOUNT OF PREMIUM EXPENSE PER ELIGIBLE PERSON SHALL BE DETERMINED BY THE
 CURRENT NEGOTIATED PREMIUM BETWEEN THE  STATE  AND  THE  STATE  EMPLOYEE
 DENTAL PLAN.
   § 273. REGULATIONS. PROGRAM REGULATIONS SHALL:
   1.  PROVIDE FOR A PROCESS OF DETERMINING AND REDETERMINING ELIGIBILITY
 FOR PARTICIPATION IN THIS PROGRAM INCLUDING PROVISIONS FOR SUBMISSION OF
 PROOF OF INCOME, AGE, AND RESIDENCY AND INFORMATION ON EXISTING COMPLETE
 OR PARTIAL COVERAGE OF DENTAL EXPENSES UNDER A THIRD PARTY ASSISTANCE OR
 INSURANCE PLAN;
   2. PROVIDE FOR A FAIR HEARING PROCESS FOR INDIVIDUALS AND  PARTICIPAT-
 ING DENTISTS TO APPEAL DETERMINATIONS OR ACTIONS OF THE CONTRACTORS;
   3. ESTABLISH PROCEDURES FOR THE STATE TO RECOVER THE VALUE OF BENEFITS
 OR  PAYMENTS  MADE UNDER THIS TITLE, IF ANY, THAT WERE BASED ON APPLICA-
 TIONS OR CLAIMS SUBMITTED IN VIOLATION OF ANY PROVISION OF  THIS  TITLE;
 AND
   4.  ESTABLISH  PROCEDURES  TO  ENSURE THAT ALL INFORMATION OBTAINED ON
 PERSONS PURSUANT TO THIS TITLE SHALL REMAIN CONFIDENTIAL AND  SHALL  NOT
 BE  DISCLOSED  TO  PERSONS OR AGENCIES OTHER THAN THOSE ENTITLED TO SUCH
 INFORMATION BECAUSE SUCH DISCLOSURE IS NECESSARY FOR THE PROPER ADMINIS-
 TRATION OF THE PROGRAM ESTABLISHED PURSUANT TO THIS TITLE.
   § 274. PENALTIES FOR FRAUD AND ABUSE.  1.  ANY  PERSON  WHO  KNOWINGLY
 MAKES A FALSE STATEMENT OR REPRESENTATION, OR WHO BY DELIBERATE CONCEAL-
 MENT  OF  ANY  MATERIAL  FACT,  OR  BY IMPERSONATION OR OTHER FRAUDULENT
 DEVICE, OBTAINS OR ATTEMPTS TO OBTAIN OR AIDS OR  ABETS  ANY  PERSON  TO
 OBTAIN  ANY BENEFIT UNDER THIS TITLE TO WHICH HE OR SHE IS NOT ENTITLED,
 SHALL BE GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN TWO
 HUNDRED FIFTY DOLLARS PER OCCURRENCE.

 A. 7743                             3
 
   2. ANY PERSON WHO, HAVING MADE  APPLICATION  TO  RECEIVE  ANY  BENEFIT
 UNDER  THIS TITLE FOR THE USE AND BENEFIT OF ANOTHER AND HAVING RECEIVED
 IT, KNOWINGLY AND WILLFULLY CONVERTS SUCH BENEFIT OR ANY PART THEREOF TO
 A USE OTHER THAN FOR THE USE AND BENEFIT OF SUCH OTHER PERSON, SHALL  BE
 GUILTY  OF A VIOLATION PUNISHABLE BY A FINE OF NOT MORE THAN TWO HUNDRED
 FIFTY DOLLARS PER OCCURRENCE.
   3. ANY PERSON WHO, WITH INTENT TO DEFRAUD, PRESENTS FOR  ALLOWANCE  OR
 PAYMENT  ANY  FALSE  OR  FRAUDULENT  CLAIM  FOR  FURNISHING  SERVICES OR
 MERCHANDISE, OR KNOWINGLY SUBMITS FALSE INFORMATION FOR THE  PURPOSE  OF
 OBTAINING  GREATER  COMPENSATION THAN THAT TO WHICH HE OR SHE IS LEGALLY
 ENTITLED FOR FURNISHING SERVICES OR MERCHANDISE,  OR  KNOWINGLY  SUBMITS
 FALSE  INFORMATION  FOR  THE  PURPOSE  OF  OBTAINING  AUTHORIZATION  FOR
 FURNISHING SERVICES OR MERCHANDISE UNDER THIS TITLE, SHALL BE GUILTY  OF
 A CLASS A MISDEMEANOR.
   §   2.  The  sum  of  twenty  million  dollars  ($20,000,000),  or  so
 much  thereof as may be necessary, is hereby appropriated to the depart-
 ment of civil service out of any moneys in the  state  treasury  in  the
 general  fund  to the credit of the local assistance account, not other-
 wise appropriated, and made immediately available, for  the  purpose  of
 carrying out the provisions of this act. Such moneys shall be payable on
 the  audit  and  warrant  of  the  comptroller  on vouchers certified or
 approved by the president of the department  of  civil  service  in  the
 manner prescribed by law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date is authorized and  directed  to
 be made and completed on or before such effective date.