Bill Text: NY A04044 | 2011-2012 | General Assembly | Introduced

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Bill Title: Directs that long term care counseling shall be provided to individuals participating in the public retirement systems of the state and city of New York.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A04044 Detail]

Download: New_York-2011-A04044-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4044
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Governmental Employees
       AN ACT to amend the civil service law, in relation  to  long  term  care
         counseling
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative  intent.  The  legislature  hereby  finds  that
    2  understanding  and  planning for one's own long term care needs is crit-
    3  ically important and will continue to  be  important  given  demographic
    4  changes,  medical  technology which prolongs life, the cost of long term
    5  care and Medicaid's stake in its financing.  Given  these  factors,  the
    6  workplace can play a significant educational and counseling role.  Fami-
    7  lies  will  continue  to  face long term care issues and it is incumbent
    8  upon the state to aid state, municipal and  other  public  employees  to
    9  understand  long  term care and its impact on an individual's health and
   10  wellness as well as help those workers by providing information on where
   11  to go to find assistance and support should a family member require long
   12  term care services. The workplace can be instrumental in  counseling  at
   13  the time of hiring, during employment and prior to retirement in provid-
   14  ing  educational  resources  to  enable  employees  to  understand their
   15  options and encourage their own planning for long term care. This strat-
   16  egy will help the individual and their family prepare for and understand
   17  their risk should long term care services  be  required.  This  strategy
   18  will  also  have a positive impact on state and local governments' Medi-
   19  caid spending if individuals prepare for their long term care with tools
   20  such as long term care insurance or reverse mortgages. These tools  will
   21  enable individuals to pay up front for their long-term care expenses and
   22  delay application to receive such financing under the Medicaid program.
   23    S 2. The civil service law is amended by adding a new section 172-a to
   24  read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07987-01-1
       A. 4044                             2
    1    S 172-A. LONG TERM CARE COUNSELING.  1. THE PROVISIONS OF THIS SECTION
    2  SHALL APPLY TO INDIVIDUALS PARTICIPATING IN THE NEW YORK STATE AND LOCAL
    3  EMPLOYEES'  RETIREMENT  SYSTEM,  THE  NEW  YORK  CITY BOARD OF EDUCATION
    4  EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK  STATE  TEACHERS'  RETIREMENT
    5  SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY
    6  EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK STATE AND LOCAL POLICE AND
    7  FIRE RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,  AND  THE
    8  NEW  YORK  CITY  FIRE  DEPARTMENT PENSION FUND. EACH EMPLOYEE COVERED BY
    9  THIS SECTION SHALL RECEIVE  LONG  TERM  CARE  COUNSELING  THROUGH  THEIR
   10  EMPLOYER  WITHIN  ONE  MONTH  AFTER  BEING HIRED AND WITHIN AT LEAST ONE
   11  MONTH PRIOR TO LEAVING EMPLOYMENT. WHILE EMPLOYED, EACH  EMPLOYEE  SHALL
   12  RECEIVE  LONG  TERM CARE COUNSELING THROUGH THEIR EMPLOYER AT LEAST ONCE
   13  EVERY FIVE YEARS.
   14    2. LONG TERM CARE COUNSELING SHALL CONSIST OF BUT SHALL NOT BE LIMITED
   15  TO:   INFORMATION, EDUCATION AND ADVICE  DEALING  WITH  LONG  TERM  CARE
   16  ISSUES AND PLANNING FOR LONG TERM CARE, INCLUDING INFORMATION ABOUT LONG
   17  TERM  CARE  INSURANCE BENEFITS, THE PARTNERSHIP PLAN, REVERSE MORTGAGES,
   18  THE RISKS TO ONE'S FINANCES ABSENT LONG TERM CARE PLANNING, TAX BENEFITS
   19  OF PURCHASING A LONG  TERM  CARE  INSURANCE  POLICY,  AND  PROGRAMS  AND
   20  SERVICES  IN  THE  COMMUNITY RELATED TO LONG TERM CARE, INCLUDING WHO TO
   21  CALL FOR ASSISTANCE.
   22    3. EACH TIME AN EMPLOYEE  COMPLETES  LONG  TERM  CARE  COUNSELING  THE
   23  EMPLOYEE  SHALL  SIGN  A  FORM APPROVED BY THE PRESIDENT INDICATING THAT
   24  SUCH EMPLOYEE HAS COMPLETED SUCH COUNSELING.
   25    4. THE PRESIDENT, IN CONSULTATION WITH THE  SUPERINTENDENT  OF  INSUR-
   26  ANCE,  THE  COMMISSIONER  OF HEALTH AND THE DIRECTOR OF THE STATE OFFICE
   27  FOR THE AGING, SHALL DEVELOP    ADDITIONAL  LONG  TERM  CARE  COUNSELING
   28  REQUIREMENTS AND PROCEDURES AS NEEDED AND IN THE EVENT THAT NEW PRODUCTS
   29  ARE DEVELOPED IN ORDER TO CARRY OUT THIS SECTION.
   30    S  3.  This  act shall take effect on the ninetieth day after it shall
   31  have become a law. Effective immediately, any rule or regulation  neces-
   32  sary  for  the  timely implementation of this act on such effective date
   33  shall be promulgated on or before such date.