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

                                 8055--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2013
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Governmental  Employees -- recommitted to the Committee on Govern-
  mental Employees in accordance with Assembly Rule 3, sec. 2 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend  chapter  56  of  the laws of 2013, providing medical
  assistance to certain retirees of the New York city off-track  betting
  corporation,  in relation to prohibiting cost recovery of such assist-
  ance; and to expand the provision of such medical assistance

  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,
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11464-05-4
              

A. 8055--A                          2

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 established
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 RETIREES OF THE NEW  YORK  CITY  OFF-TRACK  BETTING  CORPORATION,  TO
PERSONS  WHO  WERE  ACTIVE  EMPLOYEES  OF  SUCH  CORPORATION WITH VESTED
PENSION TIME OR CREDIT AS OF DECEMBER 7, 2010 OR TO  THE  DEPENDENTS  OF
SUCH  RETIREES OR PERSONS. 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. On and after April 1, 2014, retirees of the New  York  city  off-
track betting corporation, individuals who were active employees of such
corporation  with  vested pension time or credit as of December 7, 2010,
and the dependents of such retirees and individuals, who are  not  Medi-
care beneficiaries under title XVIII of the federal social security act,
may  enroll  in  the standard fee-for-service coverage under title 11 of
article 5 of the social services law, in accordance with  section  1  of
part P of chapter 56 of the laws of 2013, as amended, and the guidelines
of the commissioner of health adopted pursuant thereto.
  S 3. This act shall take effect immediately, except that:
  (a) section one of this act shall be deemed to have been in full force
and effect on and after March 28, 2013; and
  (b) section two of this act shall be deemed to have been in full force
and effect on and after April 1, 2014.