S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4990
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to  establishing  the
   disability  benefits  maximization  and  assistance  program to assist
   eligible state retirees in obtaining certain disability 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
          DISABILITY BENEFITS MAXIMIZATION AND ASSISTANCE PROGRAM
 SECTION 300. DEFINITIONS.
         301. PURPOSE.
         302. ESTABLISHMENT  OF  THE DISABILITY BENEFITS 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 DISABILITY BENEFITS 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 DISABILITY BENEFITS. THE DISABILITY BENEFITS  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02968-04-5
 A. 4990                             2
              

 
   § 302. ESTABLISHMENT  OF  THE  DISABILITY  BENEFITS  MAXIMIZATION  AND
 ASSISTANCE  PROGRAM.  1.  THE  COMMISSIONER  SHALL  ESTABLISH WITHIN THE
 DEPARTMENT A DISABILITY BENEFITS  MAXIMIZATION  AND  ASSISTANCE  PROGRAM
 WHICH  SHALL BE DESIGNED TO 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 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. SUCH ASSISTANCE SHALL INCLUDE THE FOLLOWING:
   (I) DEVELOPING COMMUNICATION MATERIALS TO EDUCATE STATE RETIREES 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 ELIGIBILITY;
   (IV)  REPRESENTING QUALIFIED INDIVIDUALS WITH THEIR CLAIM OR CLAIMS TO
 QUALIFY FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS 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 STATE RETIREES 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, 2025; provided,  however,  if
 this  act  shall  have become a law after such date it shall take effect
 immediately and shall be deemed to have been in full force and effect on
 and after such date.