Bill Text: NY A09711 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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--A
                                 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
       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. HEALTH SAVINGS ACCOUNT PILOT PROJECT. (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 CITY, COUNTY,
   22  TOWN, VILLAGE, BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  A  SCHOOL
   23  DISTRICT, OR A DISTRICT, AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF
   24  THE GENERAL MUNICIPAL LAW.
   25    (D)  HEALTH  MAINTENANCE ORGANIZATIONS OFFERING HIGH DEDUCTIBLE HEALTH
   26  PLANS PURSUANT TO THIS SECTION SHALL REPORT TO  THE  SUPERINTENDENT  AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15062-03-2
       A. 9711--A                          2
    1  COMMISSIONER OF HEALTH THE NUMBER OF GROUPS AND COVERED LIVES UNDER HIGH
    2  DEDUCTIBLE  HEALTH  PLANS  OFFERED  PURSUANT TO THIS SECTION COMPARED TO
    3  NON-HIGH DEDUCTIBLE HEALTH PLANS, THE PREMIUMS OF HIGH DEDUCTIBLE HEALTH
    4  PLANS  OFFERED  PURSUANT TO THIS SECTION COMPARED TO NON-HIGH DEDUCTIBLE
    5  HEALTH PLANS, THE CLAIMS EXPERIENCE UNDER HIGH DEDUCTIBLE  HEALTH  PLANS
    6  OFFERED  PURSUANT TO THIS SECTION COMPARED TO NON-HIGH DEDUCTIBLE HEALTH
    7  PLANS, AND ANY OTHER PERTINENT INFORMATION THAT MAY BE REQUIRED  BY  THE
    8  SUPERINTENDENT  OR  THE COMMISSIONER OF HEALTH PRIOR TO APRIL FIRST, TWO
    9  THOUSAND FOURTEEN.
   10    S 2. This act shall take effect immediately and shall expire  December
   11  31,  2015 when upon such date the provisions of this act shall be deemed
   12  repealed.