NY State Senate Bill 2023-S8871

Senate Bill S8871

2023-2024 Legislative Session

Establishes the Medicare maximization and assistance program to assist eligible state retirees in obtaining certain Medicare benefits

download bill text pdf

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2024	referred to civil service and pensions

2023-S8871 (ACTIVE) - Details

See Assembly Version of this Bill:: A9759
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add Art 15 §§300 - 303, Civ Serv L

2023-S8871 (ACTIVE) - Summary

Establishes the Medicare maximization and assistance program to assist eligible state retirees in obtaining certain Medicare benefits; provides for the investing of any net savings realized by 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.

2023-S8871 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8871

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation would require the Department of Civil Service to design
a program to identify state retirees eligible for but not receiving
social security disability insurance (SSDI) and Medicare coverage.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would:

Require the Department of Civil Service to establish a Medicare Maximi-
zation and Assistance Program (the Program) to identify state retirees
eligible for but not receiving social security disability insurance and

medicare coverage;

Define a state retiree as an individual retired from state service
eligible for benefits pursuant to article XI of the civil service law;

Establish the elements of the Program, including requirements to assist
qualified retirees to apply for Medicare and SSDI benefits and to moni-
tor the Program through reporting requirements and other means to ensure
contract performance and quality delivery of services;

Ensure that the program will not result in any adverse change in health
or other benefits to any individual;

Require the Department of Civil Service to report annually to the Legis-
lature about the impact of the program; and

Require the State to invest any net savings realized from the program
back into the NYS Health Insurance Program for the purpose of reducing
or eliminating certain costs to employees or retirees.

Section two would set the effective date.

 
JUSTIFICATION:

Persons who are under age sixty-five and disabled are frequently eligi-
ble for, but not receiving, social security disability insurance (SSDI)
and medicare. As a consequence, they forego the supplemental income to
which disabled individuals are entitled through SSDI. By requiring New
York State to assist state retirees in qualifying for SSDI and Medicare,
this legislation will increase the disposable incomes of disabled reti-
rees and ensure that they receive the federal monetary benefits to which
they are entitled.  Participation in the Program by retirees will be
completely voluntary.

Moreover, identification of retirees under the age of 65 who would qual-
ify for Medicare as their primary insurer will generate significant
savings for the state's health insurance plan. Disabled retirees under
the age of 65, like post-65 retirees, will have the benefit of Medicare
coverage while maintaining the full benefit of the State's health insur-
ance plan as their secondary source of insurance. Retirees will experi-
ence no diminution in coverage.

 
LEGISLATIVE HISTORY:

New Legislation

 
STATE AND LOCAL FISCAL IMPLICATIONS:

This legislation will generate an estimated $852,000 in savings for the
State Financial Plan in the first year of operation, growing to annual
savings of $42 million within 5 years of implementation.

This legislation also could generate savings for local governments if
the Commissioner elects to extend the program to local government reti-
rees, as authorized to do in the bill.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2024.

2023-S8871 (ACTIVE) - Bill Text download pdf

                             
                     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.

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