A06451 Summary:

BILL NO    A06451 

SAME AS    No same as 

SPONSOR    Morelle (MS)

COSPNSR    Gottfried, Gunther, Schimminger, Zebrowski, Magnarelli, Galef, Jaffee

MLTSPNSR   Brook-Krasny, Cook, Gabryszak, Hikind, Kellner, Rivera, Sweeney,
           Weisenberg

Amd S367-f, Soc Serv L; amd S3229, Ins L

Relates to directing the department of health to submit an amendment to the
plan for medical assistance.
Go to top

A06451 Actions:

BILL NO    A06451 

04/01/2013 referred to health
01/08/2014 referred to health
Go to top

A06451 Votes:

There are no votes for this bill in this legislative session.
Go to top

A06451 Memo:

BILL NUMBER:A6451

TITLE OF BILL:  An act to amend the social services law and the
insurance law, in relation to directing the department of health to
submit an amendment to the plan for medical assistance; and to direct
the department of insurance to adopt any necessary conforming
amendments to regulations or other rules

PURPOSE OR GENERAL IDEA OF BILL:

To permit policyholders of the New York State Partnership for
Long-Term Care to be eligible for Medicaid asset protection regardless
of their state of residence when they apply for long term care
Medicaid assistance.

SUMMARY OF SPECIFIC PROVISIONS:

Amend section 367-f of the social services law to direct the New York
State Department of Health to apply to the Federal Department of
Health and Human Services for uniform reciprocal recognition of
long-term care insurance policies purchased under New York State
long-term care insurance Partnerships.  Amend section 3229 of the
insurance law to direct the Superintendent of Insurance to adopt
appropriate rules or regulations to ensure uniformity with Federal
standards relating to reciprocal recognition of long-term care
insurance Partnership policies.

JUSTIFICATION:

The New York State Partnership for Long-Term Care is a unique program
combining long-term care insurance and Medicaid Extended Coverage. Its
purpose is to help New Yorkers financially prepare for the possibility
of someday needing nursing home care, home care or assisted living
services. The program allows New Yorkers to protect some or all of
their assets depending on the partnership insurance plan purchased, if
'their long-term care needs extend beyond the period covered by their
private insurance policy.

If an individual buys New York State Partnership for Long-Term Care
insurance from a participating insurer, uses the benefits according to
the conditions of the program, that individual can apply for New York
State Medicaid Extended Coverage which may assist in paying for
ongoing care. However, under current law, an individual with such a
policy can apply and remain eligible for Medicaid Extended Coverage
only as long as the individual applies for Medicaid in the State of
New York.

New York, along with Connecticut, Indiana and California were original
participants in the LTC Partnership program supported by the Robert
Wood Johnson Foundation. In 1993 Congress prohibited other states from
enacting similar programs, The Partnership Program was expanded under
the Federal Deficit Reduction Act (DRA) of 2005, enabling other states
to set up LTC Partnership programs. Those new Partnership programs now
permit policyholder reciprocity, which means that they may apply for
Medicaid in any of the reciprocal Partnership states and receive the
same Medicaid asset protection benefits as they would have within


their home state. The DRA required the Federal Department of Health
and Human Services (HHS) to develop standards for such reciprocity.

With this legislation enacted, if a New York resident purchases a
Partnership policy and then later moves to Florida and uses his policy
in a Florida nursing home, he or she could seek asset-protection
benefits from the Florida Medicaid Program. The same would be true for
Florida Partnership policyholders who relocate to New York and then
apply for Medicaid in New York.

This legislation requires New York to opt in to HHS's uniform
reciprocal recognition of long-term care insurance policies purchased
under state long-term care Partnerships, enabling individuals with
Partnership policies to move to another Partnership state without fear
of losing the additional Medicaid benefits or coverage.

PRIOR LEGISLATIVE HISTORY:

A3399 of 2011/2012 - passed Senate;referred to social services
A4761 of 2009/2010 - referred to social services

FISCAL IMPLICATIONS:

Enactment of this legislation would allow New York residents to
relocate to other Partnership states and remain eligible for Medicaid
Extended Coverage from that state. In addition, it would allow
individuals from other Partnership states that move to New York to
receive Medicaid Extended Coverage as well. It is projected that the
fiscal impact will be the status quo and there will be no further
costs to New York.

EFFECTIVE DATE: The bill would take effect immediately.
Go to top

A06451 Text:

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

                                         6451

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     April 1, 2013
                                      ___________

       Introduced by M. of A. MORELLE, GOTTFRIED, GUNTHER, SCHIMMINGER, ZEBROW-
         SKI,  MAGNARELLI,  GALEF,  JAFFEE  --  Multi-Sponsored  by -- M. of A.
         BROOK-KRASNY, COOK, GABRYSZAK, HIKIND, KELLNER, MAISEL, RIVERA,  SWEE-
         NEY, WEISENBERG -- read once and referred to the Committee on Health

       AN  ACT  to  amend  the  social  services  law and the insurance law, in
         relation to directing the department of health to submit an  amendment
         to  the  plan  for medical assistance; and to direct the department of
         insurance to adopt any necessary conforming amendments to  regulations
         or other rules

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 367-f of the social  services  law  is  amended  by
    2  adding a new subdivision 4 to read as follows:
    3    4.  THE  DEPARTMENT  OF  HEALTH  IS  HEREBY AUTHORIZED AND DIRECTED TO
    4  SUBMIT TO THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES A  REQUEST
    5  FOR  THE  AMENDMENT  OF  THE PLAN FOR MEDICAL ASSISTANCE, WHICH IS MAIN-
    6  TAINED IN ACCORDANCE WITH TITLE XIX, OR  ANY  SUCCESSOR  TITLE,  OF  THE
    7  FEDERAL  SOCIAL SECURITY ACT, TO ADOPT ANY AND ALL STANDARDS THAT MAY BE
    8  DEVELOPED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES  PURSU-
    9  ANT TO SECTION 6021(B) OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005, FOR
   10  UNIFORM  RECIPROCAL  RECOGNITION  OF  LONG-TERM  CARE INSURANCE POLICIES
   11  PURCHASED UNDER STATE  LONG-TERM  CARE  INSURANCE  PARTNERSHIPS.    SUCH
   12  REQUEST  SHALL  BE  MADE  WITHIN  SIX MONTHS OF THE PROMULGATION OF SUCH
   13  STANDARDS BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN  SERVICES,  AND,
   14  EXCEPT  AS  REQUIRED BY SUCH STANDARDS, SUCH UNIFORM RECIPROCAL RECOGNI-
   15  TION OF LONG-TERM CARE INSURANCE POLICIES SHALL APPLY WITHOUT REGARD  TO
   16  WHEN A POLICY IS ISSUED.
   17    S  2.  Section  3229  of  the insurance law is amended by adding a new
   18  subsection (c) to read as follows:
   19    (C) THE SUPERINTENDENT SHALL ADOPT SUCH RULES OR REGULATIONS, OR AMEND
   20  SUCH RULES AND REGULATIONS, AS  MAY  BE  NECESSARY  TO  CONFORM  TO  THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09746-01-3
       A. 6451                             2

    1  REQUIREMENTS  OF ANY AMENDMENT TO THE PLAN FOR MEDICAL ASSISTANCE, WHICH
    2  IS MAINTAINED IN ACCORDANCE WITH TITLE XIX, OR ANY SUCCESSOR  TITLE,  OF
    3  THE  FEDERAL  SOCIAL  SECURITY ACT, MADE PURSUANT TO SUBDIVISION FOUR OF
    4  SECTION THREE HUNDRED SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
    5    S 3. This act shall take effect immediately.
Go to top
Page display time = 0.0779 sec