Bill Text: NY A10321 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the establishment of health reimbursement arrangements in connection with Medicare benefits of out-of-state public retirees; provides that Medicare eligible out-of-state retirees can use the arrangements to pay for individual health insurance plan premiums and other health care expenses; allows the state to select a firm to run the arrangement; defines out-of-state public retirees and public employers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-22 - referred to governmental employees [A10321 Detail]

Download: New_York-2011-A10321-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10321
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       AN  ACT  to  amend  the  civil  service law, in relation to establishing
         health reimbursement arrangements relating  to  Medicare  benefits  of
         out-of-state public retirees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 162 of the civil service law is amended by adding a
    2  new subdivision 9 to read as follows:
    3    9. (A) THE PRESIDENT IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH  A
    4  PLAN  WHICH  PROVIDES  HEALTH REIMBURSEMENT ARRANGEMENTS TO THOSE PUBLIC
    5  EMPLOYEE RETIREES AND THEIR DEPENDENTS WHO ARE COVERED BY  MEDICARE  AND
    6  WHOSE  PRIMARY RESIDENCE IS OUTSIDE THE STATE. THE PRESIDENT SHALL ADOPT
    7  SUCH FURTHER REGULATIONS AS MAY BE REQUIRED FOR THE  EFFECTIVE  ADMINIS-
    8  TRATION OF THE HEALTH REIMBURSEMENT ARRANGEMENTS, INCLUDING ELIGIBILITY,
    9  TERMS AND CONDITIONS RELATING TO THE HEALTH REIMBURSEMENT ARRANGEMENTS.
   10    (B)  THE  HEALTH  REIMBURSEMENT  ARRANGEMENTS  SHALL PROVIDE ACCESS TO
   11  INDIVIDUAL INSURANCE POLICES, INCLUDING MEDIGAP OR  MEDICARE  SUPPLEMENT
   12  POLICIES,  MEDICARE  ADVANTAGE  POLICIES  AND MEDICARE PRESCRIPTION DRUG
   13  POLICIES. THE HEALTH REIMBURSEMENT ARRANGEMENTS SHALL ALSO  PROVIDE  FOR
   14  THE  PAYMENT OF OR REIMBURSEMENT FOR THE PREMIUMS RELATING TO SUCH INDI-
   15  VIDUAL INSURANCE POLICIES AND ANY OTHER ELIGIBLE EXPENSES AS  DETERMINED
   16  BY THE PRESIDENT IN REGULATIONS.
   17    (C)  THE  PRESIDENT  AND CONTRIBUTING PUBLIC EMPLOYERS SHALL ESTABLISH
   18  THE LEVEL OF CONTRIBUTIONS TO  THE  HEALTH  REIMBURSEMENT  ARRANGEMENTS,
   19  SUBJECT TO ANY APPLICABLE LAW.
   20    (D) THE PRESIDENT SHALL ENTER INTO A CONTRACT WITH AN ADMINISTRATOR TO
   21  PROVIDE ADMINISTRATIVE SERVICES WITH RESPECT TO THE HEALTH REIMBURSEMENT
   22  ARRANGEMENTS.
   23    (E)  FOR  PURPOSES  OF THIS SUBDIVISION, "PUBLIC EMPLOYEE RETIREES AND
   24  THEIR DEPENDENTS" SHALL MEAN  RETIRED  MEMBERS  (AND  THEIR  DEPENDENTS,
   25  SURVIVING  SPOUSES  AND  SURVIVING  DEPENDENT  CHILDREN) OF THE NEW YORK
   26  STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM WHOSE PRIMARY RESIDENCE  IS
   27  OUTSIDE THE STATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15956-01-2
       A. 10321                            2
    1    (F) FOR PURPOSES OF THIS SUBDIVISION, "PUBLIC EMPLOYER" SHALL MEAN THE
    2  FOLLOWING:  (I) THE STATE; (II) A PUBLIC AUTHORITY, COMMISSION OR PUBLIC
    3  BENEFIT CORPORATION; OR (III)  ANY  OTHER  PUBLIC  CORPORATION,  AGENCY,
    4  INSTRUMENTALITY OR UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWER
    5  UNDER THE LAWS OF THIS STATE.
    6    (G) THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION
    7  SHALL  NOT APPLY TO THE HEALTH REIMBURSEMENT ARRANGEMENTS, BUT MAY APPLY
    8  TO THE INDIVIDUAL INSURANCE POLICIES AS MAY BE SET FORTH IN  THE  INSUR-
    9  ANCE LAW.
   10    S  2. This act shall take effect immediately; provided, however, noth-
   11  ing contained in this act shall supersede or diminish  the  terms  of  a
   12  collective bargaining agreement.