Prohibits cost recovery of medical assistance paid to retirees and former employees of the New York city off-track betting corporation, and their dependents; expands eligibility for such assistance to retirees and former employees who are not receiving Medicare benefits.
Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend chapter 56 of the laws of 2013, relating to providing medical assistance to certain retirees of the New York city off-track betting corporation, in relation to lien recovery
PURPOSE: To make technical amendments to the OTB Retiree Health program
SUMMARY OF PROVISIONS: Chapter 56 of the Laws of 2013, Part F, is amended by adding in pertinent part, "provided, however, that none of the cost recovery provisions of section three hundred sixty-nine of the social services law, with the exception of subdivision two, paragraph (a), subparagraph (i) of such section, shall apply to the retirees of the New York city off-track betting corporation."
JUSTIFICATION: This bill provides a critical amendment to Chanter 56 of the laws of 2013, which protects the former New York City Off Track Betting Corporation (NYC OTB) public employees by providing them with health insurance and supplemental benefits through the Department of Health and New York State Medicaid. This technical amendment would exclude this population from previsions of the social services law, which allow the State to seek cost recovery from a Medicaid recipient's estate.
Prior to the closure of the NYC OTB on December 7, 2010, retirees of the corporation received health insurance and supplements through their employer and employee organization, respectively. Employees entered NYCOTB service with the assurance that, if they retired from NYCOTB, they and their dependants would continue to receive these benefits. It was indeed a significant condition of their employment.
The State has since provided health benefits to these retirees through Chapter 56 of the laws of 2013, part P, and its appropriation. The program, which provides these retirees, vested members and their dependents with Medicaid benefits without the financial eligibility requirements traditionally associated with Medicaid, was intended to provide the retirees and their families with comprehensive health benefits as soon as possible. Providing an existing program's benefits was deemed more efficient than creating a new program for this small, unique population. Unfortunately, the existing Medicaid program includes cost recovery provisions that technically may be applied to these retirees, if not specifically made excludable.
These workers have not become wards of the State through any fault of its own. Many have worked 25 years or more, earning their retirement benefits through hard work and dedication. Applying the cost recovery Provisions associated with traditional Medicaid in any situation other than if the recipient were ineligible for the benefit would be grossly unfair.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as chapter 56 of the laws of 2013, relating to providing medical assistance to certain retirees of the New York city off-track betting corporation (Part P), takes effect.
STATE OF NEW YORK ________________________________________________________________________ 5814 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend chapter 56 of the laws of 2013, relating to providing medical assistance to certain retirees of the New York city off-track betting corporation, in relation to lien recovery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1 of part P of chapter 56 of the laws of 2013, relating to providing medical assistance to certain retirees of the New York city off-track betting corporation is amended to read as follows: Section 1. Notwithstanding any other provision of law, for state fiscal year 2013-14, and for each state fiscal year thereafter, up to five million dollars shall be available annually to provide medical assistance for individuals who reside in New York state and are retirees of the New York city off-track betting corporation or were active employees of such corporation with vested pension time or credit as of December 7, 2010, and for the dependents of such individuals, in accord- ance with the provisions of this section. Such individuals who are Medi- care beneficiaries under title XVIII of the federal social security act shall be eligible for assistance under title 11 of article 5 of the social services law with the cost of Medicare premiums and/or cost shar- ing obligations, as determined in accordance with guidelines established by the commissioner of health. For the period from April 1, 2013 to December 31, 2013, such individuals who are not Medicare beneficiaries under title XVIII of the federal social security act shall be eligible for standard fee-for-service coverage under title 11 of article 5 of the social services law, as determined in accordance with guidelines estab- lished by the commissioner of health. Prior to October 1, 2013, the state enrollment center shall provide a written notice of program discontinuance that will become effective as of December 31, 2013, to each individual eligible by a Medicaid fee-for-service plan establishedEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11464-01-3 S. 5814 2
pursuant to this section. The notice shall be in such form and contain such information as the commissioner of health may require. In addition to any other information required by such commissioner, the written notice shall include a conspicuous explanation, in plain language, informing such individual of available health insurance options, includ- ing coverage through the health benefit exchange established pursuant to section 1311 of the federal affordable care act, (42 USC S 18031) and information on the process by which application therefore may be made through the state enrollment center in order to effectuate health cover- age under the health benefit exchange for such individuals beginning on January 1, 2014. Such commissioner shall direct the state enrollment center to facilitate the enrollment of such individuals into the health benefit exchange established in accordance with the requirements of the federal patient protection and affordable care act (P.L. 111-148), as amended by the federal health care and education act of 2010 (P.L. 111- 152). PROVIDED, HOWEVER, THAT NONE OF THE COST RECOVERY PROVISIONS OF SECTION 369 OF THE SOCIAL SERVICES LAW, WITH THE EXCEPTION OF SUBPARA- GRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION 2 OF SUCH SECTION, SHALL APPLY TO THE RETIREES OF THE NEW YORK CITY OFF-TRACK BETTING CORPORATION, OR THOSE WHO WERE ACTIVE EMPLOYEES OF SUCH CORPORATION WITH VESTED PENSION TIME OR CREDIT AS OF DECEMBER 7, 2010, AND THEIR DEPENDENTS. Upon notice to participating individuals, the size and scope of program benefits in a given fiscal year may be reduced by the commissioner of health to remain within program funding levels. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 28, 2013.