Bill Text: NY A09711 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to managed care health savings accounts.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-17 - signed chap.440 [A09711 Detail]
Download: New_York-2011-A09711-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9711--B
I N A S S E M B L Y
March 27, 2012
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
AN ACT to amend the insurance law, in relation to a health savings
account pilot program and providing for the repeal of such provisions
upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The insurance law is amended by adding a new section 1124
2 to read as follows:
3 S 1124. MANAGED CARE HEALTH SAVINGS ACCOUNT. (A) A HEALTH MAINTENANCE
4 ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC
5 HEALTH LAW MAY OFFER A GROUP HIGH DEDUCTIBLE HEALTH PLAN, AS DEFINED IN
6 PARAGRAPH TWO OF SUBSECTION C OF SECTION TWO HUNDRED TWENTY-THREE OF THE
7 INTERNAL REVENUE CODE IN CONJUNCTION WITH A HEALTH REIMBURSEMENT ACCOUNT
8 OR A HEALTH SAVINGS ACCOUNT ESTABLISHED PURSUANT TO FEDERAL TAX LAW,
9 WHEN:
10 (1) THE EMPLOYER GROUP PURCHASING THE HIGH DEDUCTIBLE PLAN IS A MUNI-
11 CIPALITY, AND
12 (2) THE EMPLOYER IS OBLIGATED TO CONTRIBUTE, PURSUANT TO A COLLECTIVE
13 BARGAINING AGREEMENT OR OTHER BINDING ARRANGEMENT WITH ITS EMPLOYEES, AN
14 AMOUNT AT LEAST EQUAL TO THE DEDUCTIBLE REQUIRED UNDER THE PLAN ON
15 BEHALF OF EACH ENROLLED EMPLOYEE.
16 (B) A HIGH DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT TO SUBSECTION (A)
17 OF THIS SECTION, WHICH OTHERWISE MEETS THE REQUIREMENTS OF ARTICLE
18 FORTY-FOUR OF THE PUBLIC HEALTH LAW, SHALL BE DEEMED TO PROVIDE COMPRE-
19 HENSIVE HEALTH SERVICES AND SHALL NOT BE DISAPPROVED DUE TO ITS COST
20 SHARE ARRANGEMENT.
21 (C) A MUNICIPALITY FOR PURPOSES OF THIS SECTION MEANS A TOWN.
22 (D) A HEALTH MAINTENANCE ORGANIZATION OFFERING THE HIGH DEDUCTIBLE
23 HEALTH PLAN PURSUANT TO THIS SECTION SHALL REPORT TO THE SUPERINTENDENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15062-04-2
A. 9711--B 2
1 AND COMMISSIONER OF HEALTH THE NUMBER OF COVERED LIVES UNDER THE HIGH
2 DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT TO THIS SECTION COMPARED TO
3 SIMILAR NON-HIGH DEDUCTIBLE HEALTH PLANS, THE PREMIUMS OF THE HIGH
4 DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT TO THIS SECTION COMPARED TO
5 SIMILAR NON-HIGH DEDUCTIBLE HEALTH PLANS, THE CLAIMS EXPERIENCE UNDER
6 THE HIGH DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT TO THIS SECTION
7 COMPARED TO SIMILAR NON-HIGH DEDUCTIBLE HEALTH PLANS, AND ANY OTHER
8 PERTINENT INFORMATION THAT MAY BE REQUIRED BY THE SUPERINTENDENT OR THE
9 COMMISSIONER OF HEALTH PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
10 (E) THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO COVERAGE
11 OFFERED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO PRIOR
12 TO THE EFFECTIVE DATE OF THIS SECTION.
13 S 2. This act shall take effect immediately and shall expire December
14 31, 2015 when upon such date the provisions of this act shall be deemed
15 repealed.
