S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8583
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Veterans' Affairs
 
 AN  ACT to amend the executive law, in relation to establishing a veter-
   ans' dental insurance coverage program; and  making  an  appropriation
   therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  366-a
 to read as follows:
   §  366-A. VETERANS' DENTAL INSURANCE COVERAGE PROGRAM. 1. THE DIRECTOR
 SHALL ESTABLISH  A  VETERANS'  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 NEW YORK STATE RESIDENT VETERANS  AS
 SUCH TERM IS DEFINED IN THIS ARTICLE.
   2.  ELIGIBILITY  UNDER THIS SECTION SHALL NOT BE GRANTED TO ANY PERSON
 WHO AT THE TIME AN APPLICATION IS MADE IS RECEIVING EQUIVALENT OR BETTER
 COVERAGE FROM ANY OTHER PUBLIC OR PRIVATE THIRD PARTY PAYMENT SOURCE  OR
 INSURANCE PLAN THAN THOSE BENEFITS PROVIDED FOR UNDER THIS SECTION.
   3.  THE  DIRECTOR SHALL ESTABLISH A SLIDING SCALE FOR COPAYMENTS WHICH
 SHALL BE BASED ON INCOME AND DISABILITY LEVEL OF THE  VETERAN.  VETERANS
 WITH  A  DISABILITY  RATING  OF  BETWEEN  TEN AND FIFTY PERCENT SHALL BE
 SUBJECT TO COPAYMENT AMOUNTS AS SET BY THE  DIRECTOR  BASED  ON  INCOME.
 VETERANS  WITH  A DISABILITY RATING OF FIFTY PERCENT OR HIGHER SHALL NOT
 BE SUBJECT TO COPAYMENTS FOR TREATMENT OR SERVICES UNDER THIS PROGRAM.
   4. PROGRAM REGULATIONS SHALL:
   (A) PROVIDE FOR A PROCESS OF DETERMINING AND RE-DETERMINING  ELIGIBIL-
 ITY   FOR   PARTICIPATION  IN  THIS  PROGRAM  INCLUDING  PROVISIONS  FOR
 SUBMISSION OF PROOF OF VETERAN  STATUS,  RESIDENCY,  INCOME,  DISABILITY
 RATING  AND  INFORMATION  ON  EXISTING  COMPLETE  OR PARTIAL COVERAGE OF
 DENTAL EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13271-02-9

 A. 8583                             2
 
   (B) PROVIDE FOR A FAIR HEARING PROCESS FOR INDIVIDUALS AND PARTICIPAT-
 ING DENTISTS TO APPEAL DETERMINATIONS OR ACTIONS OF THE CONTRACTORS; AND
   (C)  ESTABLISH  PROCEDURES FOR THE STATE TO RECOVER THE VALUE OF BENE-
 FITS OR PAYMENTS MADE UNDER THIS SECTION, IF ANY,  THAT  WERE  BASED  ON
 APPLICATIONS  OR  CLAIMS SUBMITTED IN VIOLATION OF ANY PROVISION OF THIS
 SECTION.
   § 2. The sum of five million dollars ($5,000,000), or so much  thereof
 as  may  be necessary, is hereby appropriated to the department of civil
 service out of any moneys in the state treasury in the general  fund  to
 the  credit of the local assistance account, not otherwise 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 are authorized and directed  to
 be made and completed on or before such effective date.