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

                                  4492

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, ABBATE, J. RIVERA, SCHROEDER, PHEF-
  FER, MARKEY, GALEF -- Multi-Sponsored by -- M. of A. AUBRY, BENEDETTO,
  JACOBS, LUPARDO, MAYERSOHN,  SWEENEY,  WEISENBERG  --  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08181-01-9

              

A. 4492                             2

  S 2. The civil service law is amended by adding a new section 172-a to
read as follows:
  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  INSUR-
ANCE,  THE  COMMISSIONER  OF HEALTH AND THE DIRECTOR OF THE STATE OFFICE
FOR THE AGING, SHALL DEVELOP    ADDITIONAL  LONG  TERM  CARE  COUNSELING
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.