Bill Text: NY S06810 | 2011-2012 | General Assembly | Amended

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

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Bill Title: Relates to managed care health savings accounts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-06-21 - SUBSTITUTED BY A9711B [S06810 Detail]

Download: New_York-2011-S06810-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6810--B
           Cal. No. 569
                                   I N  S E N A T E
                                    March 23, 2012
                                      ___________
       Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
         printed to be committed to the  Committee  on  Insurance  --  reported
         favorably  from  said  committee,  ordered to first and second report,
         ordered to a third reading, amended and ordered  reprinted,  retaining
         its  place  in  the  order  of third reading --   passed by Senate and
         delivered to the Assembly, recalled, vote  reconsidered,  restored  to
         third  reading,  amended and ordered reprinted, retaining its place in
         the order of third reading
       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. MANAGED CARE HEALTH SAVINGS ACCOUNT. (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 TOWN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15062-05-2
       S. 6810--B                          2
    1    (D)  A  HEALTH  MAINTENANCE  ORGANIZATION OFFERING THE HIGH DEDUCTIBLE
    2  HEALTH PLAN PURSUANT TO THIS SECTION SHALL REPORT TO THE  SUPERINTENDENT
    3  AND  COMMISSIONER  OF  HEALTH THE NUMBER OF COVERED LIVES UNDER THE HIGH
    4  DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT  TO  THIS  SECTION  COMPARED  TO
    5  SIMILAR  NON-HIGH  DEDUCTIBLE  HEALTH  PLANS,  THE  PREMIUMS OF THE HIGH
    6  DEDUCTIBLE HEALTH PLAN OFFERED PURSUANT  TO  THIS  SECTION  COMPARED  TO
    7  SIMILAR  NON-HIGH  DEDUCTIBLE  HEALTH PLANS, THE CLAIMS EXPERIENCE UNDER
    8  THE HIGH  DEDUCTIBLE  HEALTH  PLAN  OFFERED  PURSUANT  TO  THIS  SECTION
    9  COMPARED  TO  SIMILAR  NON-HIGH  DEDUCTIBLE  HEALTH PLANS, AND ANY OTHER
   10  PERTINENT INFORMATION THAT MAY BE REQUIRED BY THE SUPERINTENDENT OR  THE
   11  COMMISSIONER OF HEALTH PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
   12    (E)  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ONLY APPLY TO COVERAGE
   13  OFFERED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT ENTERED INTO PRIOR
   14  TO THE EFFECTIVE DATE OF THIS SECTION.
   15    S 2. This act shall take effect immediately and shall expire  December
   16  31,  2015 when upon such date the provisions of this act shall be deemed
   17  repealed.