S T A T E O F N E W Y O R K
________________________________________________________________________
2502
2019-2020 Regular Sessions
I N S E N A T E
January 25, 2019
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to aligning Medi-
caid optional services with private sector health benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Medicaid
taxpayer equity act".
§ 2. The legislature hereby finds that it is fundamentally unfair to
the taxpayers of the state for Medicaid optional services to exceed the
minimum health insurance benefits levels that are required for private
sector health insurance plans. Higher benefit levels for Medicaid
compared to private insurance create a disincentive for people to leave
public assistance and accept private employment and private health
coverage. Higher Medicaid benefit levels are also a contributing factor
causing the state to have the highest Medicaid costs in the nation and
some of the highest property taxes in the nation. The purpose of this
act is to ensure that Medicaid optional services for adults do not
exceed the minimum health insurance benefit levels that apply to private
insurance plans, other than long-term care services.
§ 3. Title 11 of article 5 of the social services law is amended by
adding a new section 362 to read as follows:
§ 362. BENEFITS PROVIDED UNDER THIS TITLE FOR MEDICAID OPTIONAL
SERVICES. THE STATE SHALL NOT OFFER TO INDIVIDUALS OVER THE AGE OF TWEN-
TY-ONE YEARS MEDICAID OPTIONAL SERVICES THAT EXCEED THE MINIMUM BENEFITS
REQUIRED FOR HEALTH CARE PLANS UNDER ARTICLE FORTY-THREE OF THE INSUR-
ANCE LAW. THIS SECTION SHALL NOT APPLY TO MEDICAID LONG-TERM CARE
SERVICES.
§ 4. The commissioner of the department of health shall submit to the
federal department of health and human services for approval any amend-
ments to the state plan required by this act. Furthermore, the commis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04942-01-9
S. 2502 2
sioner of the department of health shall have the authority to promul-
gate or amend any regulations necessary for the implementation of this
act.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.