Senate Bill S8871

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8871
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation to  establishing  the
   Medicare  maximization and assistance program to assist eligible state
   retirees in obtaining certain Medicare benefits

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding a new article 15
 to read as follows:
                                ARTICLE XV
               MEDICARE MAXIMIZATION AND ASSISTANCE PROGRAM
 SECTION 300. DEFINITIONS.
         301. PURPOSE.
         302. ESTABLISHMENT  OF  THE MEDICARE MAXIMIZATION AND ASSISTANCE
                 PROGRAM.
         303. INVESTMENT OF SAVINGS.
   § 300. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "ELIGIBLE  INDIVIDUAL"  MEANS  AN  INDIVIDUAL  RETIRED  FROM  STATE
 SERVICE  ELIGIBLE  FOR BENEFITS PURSUANT TO ARTICLE ELEVEN OF THIS CHAP-
 TER.
   2. "PROGRAM" MEANS THE MEDICARE MAXIMIZATION  AND  ASSISTANCE  PROGRAM
 ESTABLISHED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   §  301. PURPOSE. PERSONS WHO ARE UNDER AGE SIXTY-FIVE AND DISABLED ARE
 FREQUENTLY ELIGIBLE FOR, BUT NOT RECEIVING  SOCIAL  SECURITY  DISABILITY
 INSURANCE AND MEDICARE. THE MEDICARE MAXIMIZATION AND ASSISTANCE PROGRAM
 IS  DESIGNED  TO  ENSURE  THAT  ELIGIBLE RETIREES ARE ABLE TO ACCESS ALL
 BENEFITS AVAILABLE TO THEM. THE BENEFITS ACCRUE NOT JUST TO THE RETIREE,
 BUT TO THE STATE IN ENSURING THAT MEDICARE SERVES AS THE  PRIMARY  PAYER
 FOR ELIGIBLE PERSONS.
   §  302.  ESTABLISHMENT  OF  THE  MEDICARE  MAXIMIZATION AND ASSISTANCE
 PROGRAM. 1. THE COMMISSIONER SHALL ESTABLISH  WITHIN  THE  DEPARTMENT  A
 MEDICARE  MAXIMIZATION AND ASSISTANCE PROGRAM WHICH SHALL BE DESIGNED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15000-01-4
              

 S. 8871                             2
 
 IDENTIFY STATE RETIREES ELIGIBLE FOR BUT NOT RECEIVING  SOCIAL  SECURITY
 DISABILITY INSURANCE AND MEDICARE COVERAGE.
   2. ELEMENTS OF THE PROGRAM SHALL INCLUDE:
   (A)  CONDUCTING AN ONGOING CLAIMS ANALYSIS OF RETIREES FOR THE PURPOSE
 OF IDENTIFYING INDIVIDUALS WHO MAY BE ELIGIBLE FOR SOCIAL SECURITY DISA-
 BILITY INSURANCE OR MEDICARE BENEFITS AND ARE NOT YET RECEIVING THEM;
   (B) ASSISTING ANY INDIVIDUAL WHOSE CLAIMS HISTORY AND SOCIAL  SECURITY
 ELIGIBILITY  QUALIFY  SUCH INDIVIDUAL TO APPLY FOR AND BE AWARDED SOCIAL
 SECURITY DISABILITY AND SUBSEQUENTLY  MEDICARE.  SUCH  ASSISTANCE  SHALL
 INCLUDE THE FOLLOWING:
   (I)  DEVELOPING COMMUNICATION MATERIALS TO EDUCATE MEDICAID RECIPIENTS
 ABOUT SOCIAL SECURITY DISABILITY INSURANCE BENEFITS;
   (II) PERFORMING OUTREACH TO POPULATIONS TARGETED BY CLAIMS ANALYSIS;
   (III) ANALYZING RESPONSES  TO  DETERMINE  SOCIAL  SECURITY  DISABILITY
 INSURANCE BENEFIT OR MEDICARE ELIGIBILITY;
   (IV)  REPRESENTING QUALIFIED INDIVIDUALS WITH THEIR CLAIM OR CLAIMS TO
 QUALIFY FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS  AND  MEDICARE
 ENROLLMENT;
   (V)  MONITORING  THE  PROGRAM THROUGH REPORTING REQUIREMENTS AND OTHER
 MEANS TO ENSURE CONTRACT PERFORMANCE AND QUALITY DELIVERY  OF  SERVICES;
 AND
   (VI)  MONITORING  THE  QUALITY  OF  SERVICES DELIVERED TO PARTICIPANTS
 THROUGH OUTCOME MEASUREMENTS.
   3. UNDER NO  CIRCUMSTANCES  SHALL  AN  INDIVIDUAL  ELIGIBLE  FOR  THIS
 PROGRAM  EXPERIENCE ANY ADVERSE CHANGE IN HEALTH BENEFITS OR OTHER BENE-
 FITS AS A RESULT OF PARTICIPATING IN THIS PROGRAM. NO  INDIVIDUAL  SHALL
 BE REQUIRED TO TRANSFER TO MEDICARE AS A RESULT OF PARTICIPATING IN THIS
 PROGRAM.
   4.  THE  COMMISSIONER SHALL PROVIDE THE DEPARTMENT AND THE LEGISLATURE
 WITH AN ANNUAL REPORT SHOWING THE NUMBER OF MEDICAID RECIPIENTS WHO HAVE
 TRANSITIONED TO SOCIAL SECURITY DISABILITY INSURANCE  AND  MEDICARE  AND
 THE AMOUNT OF SAVINGS REALIZED BY THE PROGRAM.
   §  303.  INVESTMENT OF SAVINGS. THE STATE SHALL INVEST ANY NET SAVINGS
 REALIZED FROM THE PROGRAM BACK INTO THE NEW YORK STATE HEALTH  INSURANCE
 PROGRAM  FOR  THE  PURPOSE  OF ELIMINATING OR LIMITING THE IMPACT OF ANY
 PREMIUM RATE OR OTHER COST INCREASES THAT WOULD BE THE RESPONSIBILITY OF
 AN EMPLOYEE OR RETIREE.
   § 2. This act shall take effect April 1, 2024; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after such date.