S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7247
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, ABBATE, RIVERA, GALEF -- Multi-Spon-
   sored  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.
   § 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.
              

                                                            LBD03514-01-7

 A. 7247                             2
 
   § 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.
   §  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.