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.