Bill Text: NY A05936 | 2019-2020 | General Assembly | Introduced

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Bill Title: Directs that long term care counseling shall be provided to individuals participating in the public retirement systems of the state and city of New York.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A05936 Detail]

Download: New_York-2019-A05936-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5936
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, ABBATE, RIVERA, GALEF -- Multi-Spon-
          sored  by  --  M.    of  A. AUBRY, BENEDETTO, LUPARDO -- 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    § 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.
                                                                   LBD09855-01-9
        A. 5936                             2
     1    § 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 financial
    26  services, the commissioner of health  and  the  director  of  the  state
    27  office  for  the  aging, shall develop   additional long term care coun-
    28  seling requirements and procedures as needed and in the event  that  new
    29  products are developed in order to carry out this section.
    30    §  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.