S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5168
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the veterans' services law, in relation to  establishing
   a veterans' dental insurance coverage program; and making an appropri-
   ation therefor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The veterans' services law  is  amended  by  adding  a  new
 section 25-a to read as follows:
   §  25-A.  VETERANS'  DENTAL INSURANCE COVERAGE PROGRAM. 1. THE COMMIS-
 SIONER 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 COMMISSIONER 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.
                                                            LBD07635-01-3
              

 S. 5168                             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; provided that if part PP of chapter 56 of
 the laws of 2022 shall not yet have  taken  effect  on  or  before  such
 effective  date then this act shall take effect on the same date as such
 part PP takes effect. Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.