Bill Text: NY S05814 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits cost recovery of medical assistance paid to retirees and former employees of the New York city off-track betting corporation, and their dependents; expands eligibility for such assistance to retirees and former employees who are not receiving Medicare benefits.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-17 - SIGNED CHAP.515 [S05814 Detail]
Download: New_York-2013-S05814-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5814--A
2013-2014 Regular Sessions
I N S E N A T E
June 17, 2013
___________
Introduced by Sens. LANZA, ADDABBO -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Finance in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend chapter 56 of the laws of 2013, providing medical
assistance to certain retirees of the New York city off-track betting
corporation, in relation to prohibiting cost recovery of such assist-
ance; and to expand the provision of such medical assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1 of part P of chapter 56 of the laws of 2013,
2 providing medical assistance to certain retirees of the New York city
3 off-track betting corporation, is amended to read as follows:
4 Section 1. Notwithstanding any other provision of law, for state
5 fiscal year 2013-14, and for each state fiscal year thereafter, up to
6 five million dollars shall be available annually to provide medical
7 assistance for individuals who reside in New York state and are retirees
8 of the New York city off-track betting corporation or were active
9 employees of such corporation with vested pension time or credit as of
10 December 7, 2010, and for the dependents of such individuals, in accord-
11 ance with the provisions of this section. Such individuals who are Medi-
12 care beneficiaries under title XVIII of the federal social security act
13 shall be eligible for assistance under title 11 of article 5 of the
14 social services law with the cost of Medicare premiums and/or cost shar-
15 ing obligations, as determined in accordance with guidelines established
16 by the commissioner of health. For the period from April 1, 2013 to
17 December 31, 2013, such individuals who are not Medicare beneficiaries
18 under title XVIII of the federal social security act shall be eligible
19 for standard fee-for-service coverage under title 11 of article 5 of the
20 social services law, as determined in accordance with guidelines estab-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11464-04-4
S. 5814--A 2
1 lished by the commissioner of health. Prior to October 1, 2013, the
2 state enrollment center shall provide a written notice of program
3 discontinuance that will become effective as of December 31, 2013, to
4 each individual eligible by a Medicaid fee-for-service plan established
5 pursuant to this section. The notice shall be in such form and contain
6 such information as the commissioner of health may require. In addition
7 to any other information required by such commissioner, the written
8 notice shall include a conspicuous explanation, in plain language,
9 informing such individual of available health insurance options, includ-
10 ing coverage through the health benefit exchange established pursuant to
11 section 1311 of the federal affordable care act, (42 USC S 18031) and
12 information on the process by which application therefore may be made
13 through the state enrollment center in order to effectuate health cover-
14 age under the health benefit exchange for such individuals beginning on
15 January 1, 2014. Such commissioner shall direct the state enrollment
16 center to facilitate the enrollment of such individuals into the health
17 benefit exchange established in accordance with the requirements of the
18 federal patient protection and affordable care act (P.L. 111-148), as
19 amended by the federal health care and education act of 2010 (P.L. 111-
20 152). PROVIDED, HOWEVER, THAT NONE OF THE COST RECOVERY PROVISIONS OF
21 SECTION 369 OF THE SOCIAL SERVICES LAW, WITH THE EXCEPTION OF SUBPARA-
22 GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION 2 OF SUCH SECTION, SHALL APPLY
23 TO RETIREES OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, TO
24 PERSONS WHO WERE ACTIVE EMPLOYEES OF SUCH CORPORATION WITH VESTED
25 PENSION TIME OR CREDIT AS OF DECEMBER 7, 2010 OR TO THE DEPENDENTS OF
26 SUCH RETIREES OR PERSONS. Upon notice to participating individuals, the
27 size and scope of program benefits in a given fiscal year may be reduced
28 by the commissioner of health to remain within program funding levels.
29 S 2. On and after April 1, 2014, retirees of the New York city off-
30 track betting corporation, individuals who were active employees of such
31 corporation with vested pension time or credit as of December 7, 2010,
32 and the dependents of such retirees and individuals, who are not Medi-
33 care beneficiaries under title XVIII of the federal social security act,
34 may enroll in the standard fee-for-service coverage under title 11 of
35 article 5 of the social services law, in accordance with section 1 of
36 part P of chapter 56 of the laws of 2013, as amended, and the guidelines
37 of the commissioner of health adopted pursuant thereto.
38 S 3. This act shall take effect immediately, except that:
39 (a) section one of this act shall be deemed to have been in full force
40 and effect on and after March 28, 2013; and
41 (b) section two of this act shall be deemed to have been in full force
42 and effect on and after April 1, 2014.
