S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2937

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, ABBATE, RIVERA, MARKEY, GALEF --
  Multi-Sponsored 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:

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
understanding  and  planning for one's own long term care needs is crit-
ically important and will continue to  be  important  given  demographic
changes,  medical  technology which prolongs life, the cost of long term
care and Medicaid's stake in its financing.  Given  these  factors,  the
workplace can play a significant educational and counseling role.  Fami-
lies  will  continue  to  face long term care issues and it is incumbent
upon the state to aid state, municipal and  other  public  employees  to
understand  long  term care and its impact on an individual's health and
wellness as well as help those workers by providing information on where
to go to find assistance and support should a family member require long
term care services. The workplace can be instrumental in  counseling  at
the time of hiring, during employment and prior to retirement in provid-
ing  educational  resources  to  enable  employees  to  understand their
options and encourage their own planning for long term care. This strat-
egy will help the individual and their family prepare for and understand
their risk should long term care services  be  required.  This  strategy
will  also  have a positive impact on state and local governments' Medi-
caid spending if individuals prepare for their long term care with tools
such as long term care insurance or reverse mortgages. These tools  will
enable individuals to pay up front for their long-term care expenses and
delay application to receive such financing under the Medicaid program.
  S 2. The civil service law is amended by adding a new section 172-a to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07258-01-5
              

A. 2937                             2

  S 172-A. LONG TERM CARE COUNSELING.  1. THE PROVISIONS OF THIS SECTION
SHALL APPLY TO INDIVIDUALS PARTICIPATING IN THE NEW YORK STATE AND LOCAL
EMPLOYEES'  RETIREMENT  SYSTEM,  THE  NEW  YORK  CITY BOARD OF EDUCATION
EMPLOYEES' RETIREMENT SYSTEM, THE NEW YORK  STATE  TEACHERS'  RETIREMENT
SYSTEM, THE NEW YORK CITY TEACHERS' RETIREMENT SYSTEM, THE NEW YORK CITY
EMPLOYEES'  RETIREMENT  SYSTEM,  THE NEW YORK STATE AND LOCAL POLICE AND
FIRE RETIREMENT SYSTEM, THE NEW YORK CITY POLICE PENSION FUND,  AND  THE
NEW  YORK  CITY  FIRE  DEPARTMENT PENSION FUND. EACH EMPLOYEE COVERED BY
THIS SECTION SHALL RECEIVE  LONG  TERM  CARE  COUNSELING  THROUGH  THEIR
EMPLOYER  WITHIN  ONE  MONTH  AFTER  BEING HIRED AND WITHIN AT LEAST ONE
MONTH PRIOR TO LEAVING EMPLOYMENT. WHILE EMPLOYED, EACH  EMPLOYEE  SHALL
RECEIVE  LONG  TERM CARE COUNSELING THROUGH THEIR EMPLOYER AT LEAST ONCE
EVERY FIVE YEARS.
  2. LONG TERM CARE COUNSELING SHALL CONSIST OF BUT SHALL NOT BE LIMITED
TO:   INFORMATION, EDUCATION AND ADVICE  DEALING  WITH  LONG  TERM  CARE
ISSUES AND PLANNING FOR LONG TERM CARE, INCLUDING INFORMATION ABOUT LONG
TERM  CARE  INSURANCE BENEFITS, THE PARTNERSHIP PLAN, REVERSE MORTGAGES,
THE RISKS TO ONE'S FINANCES ABSENT LONG TERM CARE PLANNING, TAX BENEFITS
OF PURCHASING A LONG  TERM  CARE  INSURANCE  POLICY,  AND  PROGRAMS  AND
SERVICES  IN  THE  COMMUNITY RELATED TO LONG TERM CARE, INCLUDING WHO TO
CALL FOR ASSISTANCE.
  3. EACH TIME AN EMPLOYEE  COMPLETES  LONG  TERM  CARE  COUNSELING  THE
EMPLOYEE  SHALL  SIGN  A  FORM APPROVED BY THE PRESIDENT INDICATING THAT
SUCH EMPLOYEE HAS COMPLETED SUCH COUNSELING.
  4. THE PRESIDENT, IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL
SERVICES, THE COMMISSIONER OF HEALTH  AND  THE  DIRECTOR  OF  THE  STATE
OFFICE  FOR  THE  AGING, SHALL DEVELOP   ADDITIONAL LONG TERM CARE COUN-
SELING REQUIREMENTS AND PROCEDURES AS NEEDED AND IN THE EVENT  THAT  NEW
PRODUCTS ARE DEVELOPED IN ORDER TO CARRY OUT THIS SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, any rule or regulation  neces-
sary  for  the  timely implementation of this act on such effective date
shall be promulgated on or before such date.