Bill Text: NY A03535 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public authorities law, in relation to establishing the New York state health insurance authority
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-27 - referred to insurance [A03535 Detail]
Download: New_York-2009-A03535-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3535 2009-2010 Regular Sessions I N A S S E M B L Y January 27, 2009 ___________ Introduced by M. of A. BRADLEY -- read once and referred to the Commit- tee on Insurance AN ACT to amend the public authorities law, in relation to establishing the New York state health insurance authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 8 of the public authorities law is amended by 2 adding a new title 20 to read as follows: 3 TITLE 20 4 NEW YORK STATE HEALTH INSURANCE AUTHORITY 5 SECTION 2489-A. SHORT TITLE. 6 2489-B. STATEMENT OF LEGISLATIVE FINDINGS. 7 2489-C. NEW YORK STATE HEALTH INSURANCE AUTHORITY. 8 2489-D. GENERAL PURPOSES AND POWERS OF THE AUTHORITY. 9 2489-E. REPORT AND RECOMMENDATIONS OF THE NEW YORK STATE HEALTH 10 INSURANCE AUTHORITY. 11 S 2489-A. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS 12 THE "NEW YORK STATE HEALTH INSURANCE AUTHORITY ACT". 13 S 2489-B. STATEMENT OF LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY 14 FINDS AND DETERMINES THAT HEALTH INSURANCE IS A NECESSITY THAT SHOULD BE 15 MAINTAINED BY EVERY CITIZEN OF THE STATE. THAT DUE TO THE EVER ESCALAT- 16 ING COST OF HEALTH INSURANCE, IT HAS BECOME EVER MORE DIFFICULT FOR 17 EMPLOYERS TO OFFER SUCH COVERAGE AS A BENEFIT, AND STILL REMAIN COMPET- 18 ITIVE IN THE GLOBAL MARKET PLACE. AS A RESULT, THE LEGISLATURE HEREBY 19 FURTHER FINDS AND DETERMINES THAT IT HAS NOW BECOME NECESSARY TO DEVELOP 20 A NEW MECHANISM TO EFFECTIVELY AND EFFICIENTLY DELIVER HIGH QUALITY, 21 PORTABLE HEALTH INSURANCE TO EVERY CITIZEN IN NEW YORK STATE. 22 THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE PRESENT 23 MATRIX SYSTEM FOR HEALTH INSURANCE AND MEDICAID HAS BECOME BOTH INEFFI- 24 CIENT AND INEFFECTIVE, LEADING TO UNNECESSARILY HIGH COSTS, THE FAILURE 25 TO PROVIDE SUFFICIENT COVERAGE TO A SIGNIFICANT NUMBER OF PEOPLE, AND A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03523-01-9 A. 3535 2 1 REDUCED QUALITY OF HEALTH INSURANCE BENEFITS AND HEALTH CARE, IT HAS 2 ESSENTIALLY LED TO A SYSTEM WHERE HEALTH INSURANCE IS NOT SUFFICIENTLY 3 AFFORDABLE, AVAILABLE OR PORTABLE FOR THE CITIZENS OF THE STATE OF NEW 4 YORK. 5 IN ORDER TO MEET THE NEEDS OF THE STATE'S MODERN SOCIETY, AND IN ORDER 6 TO REMOVE THE HEAVY BURDENS THAT THE CURRENT MATRIX SYSTEM OF PROVIDING 7 HEALTH INSURANCE AND MEDICAID NOW IMPOSES UPON THE STATE'S BUSINESSES, 8 CITIZENS AND TAXPAYERS, AND THEREBY IMPROVE BOTH THE STATE'S BUSINESS 9 AND ECONOMIC CLIMATE, AS WELL AS IMPROVE THE HEALTH CARE OF ALL THE 10 STATE'S CITIZENS, THE LEGISLATURE FINDS AND DETERMINES THAT A NEW HEALTH 11 INSURANCE AND MEDICAID SYSTEM NEEDS TO BE DEVELOPED BY THE STATE OF NEW 12 YORK, TO ASSURE HIGH QUALITY, LOW COST, PORTABLE HEALTH INSURANCE COVER- 13 AGE FOR EVERY CITIZEN OF THE STATE. 14 THE LEGISLATURE ALSO FINDS AND DETERMINES THAT THE BEST AND MOST 15 APPROPRIATE MECHANISM TO ACCOMPLISH THE DELIVERY OF HIGH QUALITY, LOW 16 COST, PORTABLE HEALTH INSURANCE TO ALL THE CITIZENS OF NEW YORK STATE IS 17 A PUBLIC AUTHORITY, INCORPORATED BY THE LEGISLATURE, FOR THE PURPOSE OF 18 PROVIDING THIS PUBLIC BENEFIT. SUCH PUBLIC AUTHORITY SHALL BE KNOWN AS 19 THE NEW YORK STATE HEALTH INSURANCE AUTHORITY. 20 THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT IN ORDER TO ACCOM- 21 PLISH THIS STATE POLICY OF PROVIDING HIGH QUALITY, LOW COST, PORTABLE 22 HEALTH INSURANCE TO EVERY CITIZEN OF NEW YORK, THAT THE NEW YORK STATE 23 HEALTH INSURANCE AUTHORITY SHALL USE ECONOMIES OF SCALE TO PURCHASE 24 HEALTH INSURANCE FROM THE PRIVATE MARKET. IN SO DOING, IT WILL COMBINE 25 THE BENEFITS OF CAPITALISM WITH THE PURCHASING POWER OF THE STATE 26 GOVERNMENT, TO PROMOTE COMPETITION FOR THE PROVISION OF HIGH QUALITY, 27 LOW COST, PORTABLE HEALTH INSURANCE COVERAGE FOR EVERY CITIZEN OF NEW 28 YORK. 29 THE LEGISLATURE ALSO FINDS AND DETERMINES, THAT IN ORDER TO PROVIDE 30 FOR THE ECONOMIES OF SCALE TO TAKE ADVANTAGE OF THE COMPETITION IN THE 31 PRIVATE MARKETPLACE, THE NEW YORK STATE HEALTH INSURANCE AUTHORITY SHALL 32 DEVELOP AND DESIGN A STANDARDIZED, HIGH QUALITY, UNIFORM, PORTABLE 33 HEALTH INSURANCE POLICY. SUCH POLICY SHALL BE DELIVERED TO EVERY CITIZEN 34 OF NEW YORK WITHOUT DIRECT CHARGE TO THE CITIZEN. SUCH POLICY SHALL 35 CONTAIN ALL THE COVERAGE REQUIREMENTS FOR LARGE GROUP HEALTH INSURANCE 36 POLICIES SET FORTH WITHIN THE INSURANCE LAW, TOGETHER WITH LONG TERM 37 CARE COVERAGE FOR NURSING HOME CARE. 38 THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE FINANCING 39 OF THE PROVISION OF SUCH HEALTH INSURANCE AND LONG TERM CARE POLICY 40 BENEFITS TO ALL THE CITIZENS OF THE STATE OF NEW YORK SHALL BE DONE 41 THROUGH A COMBINATION OF STATE DIRECTED FEDERAL MEDICAID FUNDS AND A 42 DEDICATED STATE TAX, WITH THE REVENUES DERIVED FROM SUCH BEING APPROPRI- 43 ATED TO THE NEW YORK STATE HEALTH INSURANCE AUTHORITY. THE DEDICATED 44 STATE TAX SHALL BE A PORTION OF THE STATE AND LOCAL SALES AND USE TAX, 45 AND IF NECESSARY, A PAYROLL TAX BASED UPON EMPLOYEE WAGES. IT IS THE 46 FURTHER INTENT OF THIS LEGISLATURE, THAT THROUGH THE PROVISION OF SUCH 47 HEALTH INSURANCE AND LONG TERM CARE POLICY BENEFITS TO ALL THE CITIZENS 48 OF THE STATE OF NEW YORK, THAT THIS NEW MATRIX DEVELOPED BY THE NEW YORK 49 STATE HEALTH INSURANCE AUTHORITY, SHALL REPLACE THE CURRENT EMPLOYER 50 FUNDED HEALTH INSURANCE AND STATE MEDICAID MATRIX SYSTEMS. 51 THE LEGISLATURE ALSO FINDS AND DETERMINES THAT IN ORDER TO MAXIMIZE 52 THE COST EFFECTIVENESS OF THE DELIVERY OF THESE DEVELOPED, HIGH QUALITY, 53 UNIFORM, PORTABLE STANDARDIZED HEALTH INSURANCE POLICIES TO ALL CITIZENS 54 OF THE STATE OF NEW YORK, THE NEW YORK STATE HEALTH INSURANCE AUTHORITY 55 SHALL DEVELOP AND DESIGN A STANDARDIZED SCHEDULE OF REIMBURSEMENT PRAC- 56 TICES AND FORMS TO BE USED BY ALL HEALTH CARE AND NURSING HOME PROVIDERS A. 3535 3 1 IN THE STATE. SUCH PROCEDURES SHALL SEEK TO REDUCE PAPERWORK, ADMINIS- 2 TRATION AND PROCESSING TIME, AND TO INCREASE EFFICIENCY AND SPEED OF 3 PROCESSING BY BOTH THE INSURERS AND THE HEALTH CARE PROVIDERS. 4 IN ORDER TO DELIVER AND PROVIDE THE DESIGNATED HIGH QUALITY, UNIFORM, 5 PORTABLE HEALTH INSURANCE COVERAGE TO EVERY CITIZEN OF THE STATE OF NEW 6 YORK, THE LEGISLATURE HEREBY FURTHER FINDS AND DETERMINES THAT THE NEW 7 YORK STATE HEALTH INSURANCE AUTHORITY SHALL SOLICIT OPEN BIDS FROM 8 PRIVATE INSURANCE COMPANIES, FOR THE PURCHASE OF SUCH STANDARDIZED POLI- 9 CIES, AND THAT SUCH PRIVATE COMPANIES, SUBJECT TO THE DESIGN OF THE 10 STANDARDIZED POLICY, SHALL BE THE UNDERWRITERS AND PROVIDERS OF SUCH 11 HEALTH INSURANCE COVERAGE TO THE CITIZENS OF THE STATE OF NEW YORK. THE 12 NEW YORK STATE HEALTH INSURANCE AUTHORITY MAY ACCEPT MULTIPLE BIDS FROM 13 MULTIPLE INSURERS IN MULTIPLE REGIONS, PURCHASING POLICIES FOR THE CITI- 14 ZENS OF THOSE REGIONS, SO LONG AS THE INSURERS PROVIDE THE COVERAGE 15 PURSUANT TO THE DESIGNED REQUIREMENTS OF THE STANDARDIZED POLICY. 16 S 2489-C. NEW YORK STATE HEALTH INSURANCE AUTHORITY. 1. THE NEW YORK 17 STATE HEALTH INSURANCE AUTHORITY. THE NEW YORK STATE HEALTH INSURANCE 18 AUTHORITY IS HEREBY CREATED. SUCH AUTHORITY SHALL BE A BODY CORPORATE 19 AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION. THE GOVERNING 20 BODY OF THE AUTHORITY SHALL BE A BOARD. THE AUTHORITY SHALL CONSIST OF 21 SEVENTEEN MEMBERS WHO ARE RESIDENTS OF THE STATE OF NEW YORK, APPOINTED 22 BY THE GOVERNOR AS FOLLOWS: 23 (A) THE SUPERINTENDENT OF INSURANCE; 24 (B) THE COMMISSIONER OF LABOR; 25 (C) THE COMMISSIONER OF HEALTH; 26 (D) THE DIRECTOR OF THE GOVERNOR'S OFFICE OF REGULATORY REFORM; 27 (E) THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS; 28 (F) TWO MEMBERS UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE 29 SENATE; 30 (G) TWO MEMBERS UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; 31 (H) ONE MEMBER UPON RECOMMENDATION OF THE SENATE MINORITY LEADER; 32 (I) ONE MEMBER UPON RECOMMENDATION OF THE ASSEMBLY MINORITY LEADER; 33 (J) TWO MEMBERS WITH EXPERIENCE IN THE INSURANCE INDUSTRY; 34 (K) TWO MEMBERS WHO ARE A PRACTICING PHYSICIAN, NURSE, CHIROPRACTOR OR 35 OTHER HEALTH CARE SPECIALIST; 36 (L) ONE MEMBER WHO IS AFFILIATED WITH ORGANIZED LABOR; AND 37 (M) ONE MEMBER WHO IS AFFILIATED WITH SMALL BUSINESS ORGANIZATION. 38 2. BOARD MEMBERS. ALL MEMBERS SHALL SERVE FOR A TERM OF FIVE YEARS, 39 WITH EACH TERM COMMENCING FROM THE FIRST DAY OF JANUARY NEXT SUCCEEDING 40 THEIR APPOINTMENT. EACH MEMBER, UNLESS REMOVED FOR GOOD CAUSE BY A TWO- 41 THIRDS VOTE OF THE SENATE, SHALL HOLD OFFICE UNTIL A SUCCESSOR HAS BEEN 42 APPOINTED AND QUALIFIED. 43 3. CHAIR AND VICE CHAIR OF THE BOARD. A MEMBER OF THE BOARD SHALL BE 44 DESIGNATED AS CHAIR BY THE GOVERNOR, UPON ADVICE AND CONSENT OF THE 45 SENATE, AND SHALL BE CHAIR OF SUCH BOARD UNTIL HIS OR HER TERM AS MEMBER 46 EXPIRES. THE SUPERINTENDENT OF INSURANCE, THE COMMISSIONER OF LABOR, 47 THE COMMISSIONER OF HEALTH, THE DIRECTOR OF THE GOVERNOR'S OFFICE OF 48 REGULATORY REFORM, AND THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE 49 RELATIONS SHALL BE INELIGIBLE TO SERVE AS CHAIR OF THE BOARD. THE GOVER- 50 NOR SHALL ALSO DESIGNATE, UPON ADVICE AND CONSENT OF THE SENATE, A 51 MEMBER OF THE BOARD, WHO IS ELIGIBLE TO SERVE AS CHAIR, TO SERVE AS 52 VICE-CHAIR OF THE BOARD UNTIL HIS OR HER TERM AS MEMBER EXPIRES. 53 4. EXECUTIVE DIRECTOR. THE CHAIR OF THE BOARD SHALL BE THE CHIEF EXEC- 54 UTIVE OFFICER OF THE AUTHORITY AND SHALL BE PRIMARILY RESPONSIBLE FOR 55 THE DISCHARGE OF ITS ADMINISTRATIVE FUNCTIONS. THE CHAIR MAY APPOINT AN 56 EXECUTIVE DIRECTOR OF THE AUTHORITY, UPON ADVICE AND CONSENT OF THE A. 3535 4 1 BOARD, TO WHICH SUCH ADMINISTRATIVE FUNCTIONS MAY BE DELEGATED. THE 2 EXECUTIVE DIRECTOR SHALL BE DEEMED AN EMPLOYEE OF THE AUTHORITY, AND AS 3 SUCH BE AN EXEMPT, MANAGEMENT CONFIDENTIAL EMPLOYEE, WHO IS A PUBLIC 4 OFFICER AND ENTITLED TO AN ANNUAL SALARY AND BENEFITS AS ESTABLISHED BY 5 THE AUTHORITY BOARD. 6 5. POWER OF THE AUTHORITY. THE POWER OF SUCH CORPORATION SHALL BE 7 VESTED IN AND EXERCISED BY THE BOARD. SUCH BOARD MAY DELEGATE TO ONE OR 8 MORE OF ITS MEMBERS OR ITS OFFICERS, AGENTS AND EMPLOYEES SUCH POWERS 9 AND DUTIES AS IT MAY DEEM PROPER. SUCH BOARD AND ITS CORPORATE EXISTENCE 10 SHALL CONTINUE UNTIL ITS EXISTENCE SHALL BE TERMINATED BY LAW. UPON THE 11 TERMINATION OF THE EXISTENCE OF THE AUTHORITY, ALL ITS RIGHTS AND PROP- 12 ERTIES SHALL PASS TO AND BE VESTED IN THE STATE OF NEW YORK. NINE 13 MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF 14 BUSINESS. A MAJORITY OF THE MEMBERS OF THE BOARD PRESENT AT ANY MEETING 15 AT WHICH A QUORUM SHALL BE PRESENT, SHALL BE SUFFICIENT TO PASS ANY 16 RESOLUTION, EXCEPT AS OTHERWISE SPECIFIED IN THIS TITLE. 17 ALL PROPOSITIONS REQUIRING THE EXPENDITURE OF MONEY OR AFFECTING 18 CONTRACT RIGHTS OR PROPERTY, SHALL BE PRESENTED TO THE BOARD IN WRITING. 19 NO RESOLUTION CONTAINING SUCH A PROPOSITION SHALL PASS UNLESS IT 20 RECEIVES APPROVAL OF AT LEAST NINE BOARD MEMBERS IN OFFICE. THE BOARD 21 SHALL HOLD AT LEAST ONE REGULAR MEETING EVERY MONTH. THE CHAIR, OR IN 22 HIS OR HER ABSENCE THE VICE CHAIR, OR ANY SIX MEMBERS, MAY CALL A 23 SPECIAL MEETING BY NOTICE AS SPECIFIED BY THE BOARD. ALL MEETINGS OF THE 24 BOARD SHALL BE SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. 25 6. COMPENSATION OF MEMBERS OF THE BOARD. MEMBERS OF THE BOARD SHALL 26 BE ENTITLED TO NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ENTITLED 27 TO REIMBURSEMENT FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE 28 PERFORMANCE OF THEIR OFFICIAL DUTIES. 29 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR 30 LOCAL LAW, NO OFFICER OR EMPLOYEE OF THE STATE, OR OF ANY MUNICIPALITY, 31 AS DEFINED IN THE PUBLIC OFFICERS LAW, THE COUNTY LAW OR THE TOWN LAW, 32 SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS OR HER PUBLIC 33 OFFICE OR ANY BENEFITS PROVIDED UNDER THE RETIREMENT AND SOCIAL SECURITY 34 LAW OR UNDER ANY PUBLIC RETIREMENT SYSTEM MAINTAINED BY THE STATE OR ANY 35 OF ITS SUBDIVISIONS BY REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON 36 OR CHAIRMANSHIP OR VICE CHAIRMANSHIP OF THE AUTHORITY; PROVIDED, HOWEV- 37 ER, A MEMBER WHO HOLDS SUCH OTHER PUBLIC OFFICE SHALL RECEIVE NO ADDI- 38 TIONAL COMPENSATION FOR SERVICES RENDERED PURSUANT TO THIS TITLE, BUT 39 SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES 40 INCURRED IN THE PERFORMANCE OF SUCH SERVICES. 41 SUBJECT TO THE PROVISIONS OF THIS TITLE, MEMBERS OF THE AUTHORITY MAY 42 ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSINESS. 43 7. OFFICES OF THE AUTHORITY. THE PRINCIPAL OFFICE OF THE AUTHORITY 44 SHALL BE LOCATED IN THE CITY OF ALBANY. 45 8. AUDITS OF THE AUTHORITY. THE COMPTROLLER MAY CONDUCT PERIODIC 46 FINANCIAL AUDITS OF THE AUTHORITY AND REPORT THE RESULTS OF SUCH AUDITS 47 TO THE GOVERNOR, THE CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE 48 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. 49 S 2489-D. GENERAL PURPOSES AND POWERS OF THE AUTHORITY. 1. THE GENERAL 50 PURPOSES OF THE AUTHORITY SHALL BE TO: 51 (A) DEVELOP A NEW MECHANISM TO EFFECTIVELY AND EFFICIENTLY DELIVER AND 52 PROVIDE HIGH QUALITY, PORTABLE HEALTH INSURANCE COVERAGE TO EVERY CITI- 53 ZEN IN NEW YORK STATE. IN SO DOING THE AUTHORITY SHALL SEEK TO: 54 (I) REPLACE THE STATE'S CURRENT MATRIX MEDICAID AND EMPLOYER AND INDI- 55 VIDUAL PROVIDED HEALTH INSURANCE SYSTEM; A. 3535 5 1 (II) REMOVE THE HEAVY BURDEN THAT THE CURRENT MATRIX MEDICAID AND 2 EMPLOYER AND INDIVIDUAL PROVIDED HEALTH INSURANCE SYSTEM NOW IMPOSES 3 UPON THE STATE'S BUSINESSES, CITIZENS AND TAXPAYERS; 4 (III) IMPROVE THE STATE'S BUSINESS AND ECONOMIC CLIMATE; 5 (IV) IMPROVE THE HEALTH CARE OF ALL THE STATE'S CITIZENS; AND 6 (V) ASSURE THE EFFICIENT, LOW COST, EFFECTIVE DELIVERY AND PROVISION 7 OF HIGH QUALITY, PORTABLE, HEALTH INSURANCE COVERAGE FOR EVERY CITIZEN 8 OF NEW YORK; AND 9 (B) DEVELOP AND DESIGN A STANDARDIZED, HIGH QUALITY, UNIFORM, PORTABLE 10 HEALTH INSURANCE POLICY, WHICH THE AUTHORITY CAN PURCHASE AND PROVIDE 11 FOR EVERY CITIZEN OF THE STATE OF NEW YORK WITHOUT DIRECT CHARGE TO THE 12 CITIZEN. IN SO DOING THE AUTHORITY SHALL SEEK TO: 13 (I) ASSURE THAT SUCH STANDARDIZED, DESIGNED HEALTH INSURANCE POLICY, 14 TO BE DELIVERED AND PROVIDED TO EVERY CITIZEN, CONTAINS ALL THE COVERAGE 15 REQUIREMENTS FOR LARGE GROUP HEALTH INSURANCE POLICIES SET FORTH BY THE 16 INSURANCE LAW, TOGETHER WITH LONG TERM CARE COVERAGE FOR NURSING HOME 17 CARE; 18 (II) USE ECONOMIES OF SCALE TO PURCHASE SUCH STANDARDIZED, DESIGNED 19 HEALTH INSURANCE POLICIES FROM THE PRIVATE MARKET FOR EVERY CITIZEN OF 20 THE STATE OF NEW YORK; 21 (III) USE THE BENEFITS OF CAPITALISM TO PROMOTE COMPETITION FOR HIGH 22 QUALITY, LOW COST AND PORTABLE HEALTH INSURANCE COVERAGE; AND 23 (IV) TAKE ADVANTAGE OF THE COMPETITION IN THE PRIVATE MARKETPLACE; AND 24 (C) DEVELOP AND DESIGN A STANDARDIZED SCHEDULE OF REIMBURSEMENT PRAC- 25 TICES AND FORMS TO BE USED BY ALL HEALTH CARE AND NURSING HOME PROVIDERS 26 IN THE STATE. IN SO DOING THE AUTHORITY SHALL SEEK TO: 27 (I) MAXIMIZE THE COST EFFECTIVENESS OF THE DELIVERY AND PROVISION OF 28 STANDARDIZED HEALTH INSURANCE POLICIES TO ALL CITIZENS; AND 29 (II) REDUCE PAPERWORK, ADMINISTRATION AND PROCESSING TIME, TO INCREASE 30 EFFICIENCY AND SPEED OF PROCESSING, BY BOTH THE INSURERS AND THE HEALTH 31 CARE PROVIDERS; AND 32 (D) RECEIVE STATE DIRECTED FEDERAL MEDICAID FUNDS AND DEDICATED STATE 33 TAX REVENUES FROM APPROPRIATIONS IN ORDER TO PROVIDE THE FINANCING FOR 34 THE PURCHASE, DELIVERY AND PROVISION OF SUCH HEALTH INSURANCE AND LONG 35 TERM CARE POLICY BENEFITS TO ALL THE CITIZENS OF THE STATE OF NEW YORK; 36 AND 37 (E) DELIVER AND PROVIDE THE DESIGNED, STANDARDIZED, HIGH QUALITY, 38 UNIFORM, PORTABLE HEALTH INSURANCE COVERAGE TO EVERY CITIZEN OF THE 39 STATE OF NEW YORK, BY MEANS OF PURCHASED POLICIES FROM PRIVATE INSURANCE 40 COMPANIES, PURSUANT TO THE SOLICITATION OF OPEN BIDS FROM SUCH COMPA- 41 NIES. PURSUANT TO SUCH PURCHASES, SUCH COMPANIES SHALL BE THE UNDERWRIT- 42 ERS AND PROVIDERS OF SUCH HEALTH INSURANCE COVERAGE TO THE CITIZENS OF 43 THE STATE OF NEW YORK. IN MAKING SUCH PURCHASES, THE NEW YORK STATE 44 HEALTH INSURANCE AUTHORITY MAY ACCEPT MULTIPLE BIDS FROM MULTIPLE INSUR- 45 ERS IN MULTIPLE REGIONS, PURCHASING POLICIES FOR THE CITIZENS OF THOSE 46 REGIONS, SO LONG AS THE INSURERS SO AWARDED THE BIDS PROVIDE THE COVER- 47 AGE PURSUANT TO THE DESIGNED REQUIREMENTS OF THE STANDARDIZED POLICY. 48 2. TO CARRY OUT SUCH PURPOSES THE AUTHORITY SHALL HAVE THE POWER: 49 (A) TO SUE AND BE SUED; 50 (B) TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY FOR ITS 51 CORPORATE PURPOSES; 52 (C) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE; 53 (D) TO BORROW MONEY AND ISSUE BONDS FOR ANY OF ITS CORPORATE PURPOSES 54 OR ITS PROJECTS, OR TO REFUND THE SAME, AND TO PROVIDE FOR THE RIGHTS OF 55 THE HOLDERS THEREOF; A. 3535 6 1 (E) TO MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS 2 SUBJECT TO AGREEMENTS WITH BONDHOLDERS; 3 (F) TO APPOINT OFFICERS, AGENTS AND EMPLOYEES; AND TO DESCRIBE THEIR 4 QUALIFICATIONS AND FIX THEIR COMPENSATION; SUBJECT, HOWEVER, TO THE 5 PROVISIONS OF THE CIVIL SERVICE LAW AS PROVIDED IN THIS TITLE; 6 (G) TO MAKE CONTRACTS AND LEASES, AND TO EXECUTE ALL INSTRUMENTS 7 NECESSARY OR CONVENIENT; 8 (H) TO COLLECT REVENUES, DUES, COSTS, ASSESSMENTS, RENTALS, FEES AND 9 OTHER CHARGES FOR THE USE OF REAL OR PERSONAL PROPERTY AND/OR FACILITIES 10 OF THE AUTHORITY SUBJECT TO AND IN ACCORDANCE WITH SUCH AGREEMENTS WITH 11 BONDHOLDERS AS MAY BE PROVIDED IN THIS TITLE; 12 (I) TO CONTRACT FOR THE SERVICES OF INSURANCE COMPANIES, HEALTH CARE 13 PROFESSIONALS, ARCHITECTS, ENGINEERS, CONSULTANTS, LAWYERS, FINANCIAL 14 AND OTHER PROFESSIONAL ADVISORS, DEVELOPERS, CONTRACTORS, VENDORS, 15 CONCESSIONERS, TENANTS, FACILITY AND/OR MANAGERS AND OTHER PROFESSIONAL 16 CONSULTANTS AND SERVICE PROVIDERS, AND TO FIX THEIR COMPENSATION; 17 (J) TO DEVELOP AND DESIGN A STANDARDIZED, HIGH QUALITY, UNIFORM, PORT- 18 ABLE HEALTH INSURANCE POLICY, WHICH THE AUTHORITY CAN PURCHASE FOR EVERY 19 CITIZEN OF THE STATE OF NEW YORK, WHICH CONTAINS ALL THE COVERAGE 20 REQUIREMENTS FOR LARGE GROUP HEALTH INSURANCE POLICIES CONTAINED WITHIN 21 THE INSURANCE LAW, TOGETHER WITH LONG TERM CARE COVERAGE FOR NURSING 22 HOME CARE; 23 (K) TO SEEK AND REQUEST MEDICAID FUNDING REIMBURSEMENT FROM THE FEDER- 24 AL GOVERNMENT FOR THE PURCHASE OF STANDARDIZED HEALTH INSURANCE AND LONG 25 TERM CARE COVERAGE FOR EVERY CITIZEN OF THE STATE OF NEW YORK; 26 (L) TO DEVELOP AND DESIGN A STANDARDIZED SCHEDULE OF REIMBURSEMENT 27 PRACTICES AND FORMS TO BE USED BY ALL HEALTH CARE AND NURSING HOME 28 PROVIDERS IN THE STATE; 29 (M) TO MAXIMIZE THE COST EFFECTIVENESS OF THE DELIVERY OF STANDARDIZED 30 HEALTH INSURANCE POLICIES TO ALL CITIZENS; 31 (N) TO REDUCE PAPERWORK, ADMINISTRATION AND PROCESSING TIME; 32 (O) TO INCREASE EFFICIENCY AND SPEED OF PROCESSING INSURANCE CLAIMS BY 33 BOTH THE INSURERS AND THE HEALTH CARE PROVIDERS; 34 (P) TO SOLICIT OPEN BIDS FROM PRIVATE INSURANCE COMPANIES, SUBJECT TO 35 THE DESIGN OF THE STANDARDIZED POLICY, FOR THE UNDERWRITING AND 36 PROVISION OF HEALTH INSURANCE COVERAGE TO ALL CITIZENS OF THE STATE OF 37 NEW YORK; 38 (Q) TO ACCEPT BIDS FROM MULTIPLE INSURERS IN MULTIPLE REGIONS, SO LONG 39 AS THE INSURERS PROVIDE THE REQUIRED STANDARDIZED HEALTH INSURANCE AND 40 LONG TERM CARE COVERAGE PURSUANT TO THE DESIGNED POLICY REQUIREMENTS OF 41 THE AUTHORITY; 42 (R) TO PURCHASE THE DEVELOPED AND DESIGNED STANDARDIZED, HIGH QUALITY 43 UNIFORM, PORTABLE HEALTH INSURANCE POLICY, WHICH CONTAINS ALL THE COVER- 44 AGE REQUIREMENTS FOR LARGE GROUP HEALTH INSURANCE POLICIES CONTAINED 45 WITHIN THE INSURANCE LAW, TOGETHER WITH LONG TERM CARE COVERAGE FOR 46 NURSING HOME CARE, FOR EVERY CITIZEN OF THE STATE OF NEW YORK; 47 (S) TO DESIGNATE THE DEPOSITORIES OF ITS MONEY; 48 (T) TO ESTABLISH ITS FISCAL YEAR; 49 (U) TO APPOINT SUCH OFFICERS, EMPLOYEES AND AGENTS AS THE AUTHORITY 50 MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE 51 THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION SUBJECT TO THE PROVISIONS 52 OF THE CIVIL SERVICE LAW AND ANY APPLICABLE COLLECTIVE BARGAINING AGREE- 53 MENT, AND TO RETAIN OR EMPLOY COUNSEL, AUDITORS, ENGINEERS AND PRIVATE 54 CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE FOR RENDERING PROFESSIONAL, 55 MANAGEMENT OR TECHNICAL SERVICES AND ADVICE; A. 3535 7 1 (V) TO RECEIVE AND CONSIDER REPORTS AND RECOMMENDATIONS FROM ANY ADVI- 2 SORY COUNCILS OR BOARDS AS MAY BE ESTABLISHED; AND 3 (W) TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING 4 ANCILLARY AND INCIDENTAL ACTIVITIES, TO CARRY OUT ITS PURPOSES AND FOR 5 THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE. 6 S 2489-E. REPORT AND RECOMMENDATIONS OF THE NEW YORK STATE HEALTH 7 INSURANCE AUTHORITY. ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TEN, 8 THE AUTHORITY BOARD SHALL PREPARE AND PRODUCE A REPORT WITH RECOMMENDA- 9 TIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAK- 10 ER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND ASSEMBLY STANDING 11 COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS. 12 THE REPORT WITH RECOMMENDATIONS SHALL INVESTIGATE, EXAMINE AND OFFER 13 PROPOSED SOLUTIONS, CONSISTENT WITH THE PROVISIONS OF THIS TITLE, ON ALL 14 TOPICS THAT THE BOARD DEEMS IMPORTANT TO THE SUCCESSFUL FUTURE OPERATION 15 OF THE AUTHORITY IN THE EXECUTION OF ITS PURPOSES AND MISSION AS 16 DESCRIBED IN THIS TITLE, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING 17 ISSUES: 18 1. THE DEVELOPMENT OF A NEW MECHANISM TO EFFECTIVELY AND EFFICIENTLY 19 DELIVER AND PROVIDE HIGH QUALITY, PORTABLE HEALTH INSURANCE COVERAGE TO 20 EVERY CITIZEN IN NEW YORK STATE; 21 2. THE REPLACEMENT OF THE STATE'S CURRENT MATRIX MEDICAID AND EMPLOYER 22 AND INDIVIDUAL PROVIDED HEALTH INSURANCE SYSTEM WITH THE NEW SYSTEM SET 23 FORTH UNDER THIS TITLE; 24 3. STRATEGIES FOR OBTAINING AND EXPANDING THE RECEIPT OF FEDERAL MEDI- 25 CAID AND MEDICARE REVENUES INTO THE AUTHORITY FOR THE PURPOSE OF PROVID- 26 ING REVENUE FOR THE PURCHASE OF THE HIGH QUALITY, PORTABLE HEALTH INSUR- 27 ANCE COVERAGE FOR EVERY CITIZEN IN NEW YORK STATE THAT THIS TITLE 28 REQUIRES THE AUTHORITY TO PERFORM; 29 4. PROJECTIONS AND DETAILED EXPLANATIONS OF THE COSTS, EXPENDITURES 30 AND REVENUES THAT WILL BE NECESSARY TO IMPLEMENT THE PURPOSES AND 31 MISSION OF THIS TITLE, TOGETHER WITH AN EXAMINATION AND IMPACT ASSESS- 32 MENT OF THE POSSIBLE REVENUE SOURCES NECESSARY TO IMPLEMENT THE PURPOSES 33 AND MISSION OF THIS TITLE; 34 5. AN EXAMINATION AND ANALYSIS OF THE EFFECTS AND MEASURES NECESSARY 35 TO REMOVE THE HEAVY BURDEN THAT THE CURRENT MATRIX MEDICAID AND EMPLOYER 36 AND INDIVIDUAL PROVIDED HEALTH INSURANCE SYSTEM NOW IMPOSES UPON THE 37 STATE'S BUSINESSES, CITIZENS AND TAXPAYERS; 38 6. AN EXAMINATION AND ANALYSIS ON HOW TO IMPROVE THE STATE'S BUSINESS 39 AND ECONOMIC CLIMATE, AND WHAT IMPACT AND EFFECTS THE ESTABLISHMENT 40 WOULD HAVE UPON SUCH CLIMATE; 41 7. AN EXAMINATION AND ANALYSIS ON HOW TO IMPROVE THE HEALTH CARE OF 42 ALL THE STATE'S CITIZENS; 43 8. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES TO 44 ASSURE THE EFFICIENT, LOW COST, EFFECTIVE DELIVERY AND PROVISION OF HIGH 45 QUALITY, PORTABLE, HEALTH INSURANCE COVERAGE FOR EVERY CITIZEN OF NEW 46 YORK, CONSISTENT WITH THE PROVISIONS OF THIS TITLE; 47 9. AN EXAMINATION AND ANALYSIS OF THE DEVELOPMENT AND DESIGN OF A 48 STANDARDIZED, HIGH QUALITY, UNIFORM, PORTABLE HEALTH INSURANCE POLICY, 49 WHICH CONTAINS ALL THE COVERAGE REQUIREMENTS FOR LARGE GROUP HEALTH 50 INSURANCE POLICIES SET FORTH BY THE INSURANCE LAW, TOGETHER WITH LONG 51 TERM CARE COVERAGE FOR NURSING HOME CARE, WHICH THE AUTHORITY CAN 52 PURCHASE FROM PRIVATE INSURANCE COMPANIES, AND PROVIDE TO EVERY CITIZEN 53 OF THE STATE OF NEW YORK WITHOUT DIRECT CHARGE TO THE CITIZEN; 54 10. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 55 TO ASSURE THAT SUCH STANDARDIZED, DESIGNED HEALTH INSURANCE POLICY, WILL A. 3535 8 1 BE DELIVERED AND PROVIDED TO EVERY CITIZEN WITHOUT DIRECT CHARGE TO THE 2 CITIZEN; 3 11. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 4 TO USE AND DEPLOY ECONOMIES OF SCALE TO PURCHASE SUCH STANDARDIZED, 5 DESIGNED HEALTH INSURANCE POLICIES FROM THE PRIVATE MARKET FOR EVERY 6 CITIZEN OF THE STATE OF NEW YORK; 7 12. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 8 TO USE AND DEPLOY THE BENEFITS OF CAPITALISM SO AS TO PROMOTE COMPETI- 9 TION FOR HIGH QUALITY, LOW COST AND PORTABLE HEALTH INSURANCE COVERAGE; 10 13. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 11 TO USE AND DEPLOY TO TAKE ADVANTAGE OF THE COMPETITION IN THE PRIVATE 12 MARKETPLACE; 13 14. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 14 TO DEVELOP AND DESIGN A STANDARDIZED SCHEDULE OF REIMBURSEMENT PRACTICES 15 AND FORMS TO BE USED BY ALL HEALTH CARE AND NURSING HOME PROVIDERS IN 16 THE STATE; 17 15. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 18 TO MAXIMIZE THE COST EFFECTIVENESS OF THE DELIVERY AND PROVISION OF 19 STANDARDIZED HEALTH INSURANCE POLICIES TO ALL CITIZENS OF THE STATE OF 20 NEW YORK; 21 16. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 22 TO REDUCE PAPERWORK, ADMINISTRATION AND PROCESSING TIME, AND TO INCREASE 23 EFFICIENCY AND SPEED OF PROCESSING, BY BOTH THE INSURERS AND THE HEALTH 24 CARE PROVIDERS; 25 17. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 26 TO RECEIVE STATE DIRECTED FEDERAL MEDICAID FUNDS AND DEDICATED STATE TAX 27 REVENUES FROM APPROPRIATIONS IN ORDER TO PROVIDE THE FINANCING FOR THE 28 PURCHASE, DELIVERY AND PROVISION OF SUCH HEALTH INSURANCE AND LONG TERM 29 CARE POLICY BENEFITS TO ALL THE CITIZENS OF THE STATE OF NEW YORK; 30 18. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 31 TO DELIVER AND PROVIDE THE DESIGNED, STANDARDIZED, HIGH QUALITY, 32 UNIFORM, PORTABLE HEALTH INSURANCE COVERAGE TO EVERY CITIZEN OF THE 33 STATE OF NEW YORK, BY MEANS OF PURCHASED POLICIES FROM PRIVATE INSURANCE 34 COMPANIES, PURSUANT TO THE SOLICITATION OF OPEN BIDS FROM SUCH COMPA- 35 NIES; 36 19. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 37 TO HAVE, PURSUANT TO SUCH PURCHASES, SUCH COMPANIES BE THE UNDERWRITERS 38 AND PROVIDERS OF SUCH HEALTH INSURANCE COVERAGE TO THE CITIZENS OF THE 39 STATE OF NEW YORK; 40 20. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 41 TO ACCESS AND ACCEPT MULTIPLE BIDS FROM MULTIPLE INSURERS IN MULTIPLE 42 REGIONS, IN PURCHASING POLICIES FOR THE CITIZENS OF THOSE REGIONS, SO 43 LONG AS THE INSURERS SO AWARDED THE BIDS PROVIDE THE COVERAGE PURSUANT 44 TO THE DESIGNED REQUIREMENTS OF THE STANDARDIZED POLICY; 45 21. AN EXAMINATION AND ANALYSIS ON THE BEST PRACTICES AND PROCEDURES 46 TO OPERATE THE AUTHORITY IN ORDER TO BEST ACHIEVE THE INTENT, PURPOSES 47 AND MISSION OF THIS TITLE. 48 S 2. This act shall take effect immediately.