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

                                  2074

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. JOHN, GOTTFRIED -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the labor law, in relation  to
  the  preparation  of a public health program access beneficiary report
  and requiring the disclosure  of  certain  information  pertaining  to
  employer-provided health insurance

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

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 26 to read as follows:
  26. A. THE COMMISSIONER SHALL PREPARE,  WITH  THE  ASSISTANCE  OF  THE
DEPARTMENT OF LABOR AND OF ANY OTHER STATE AGENCY OR ANY SOCIAL SERVICES
DISTRICT  FROM  WHICH THE COMMISSIONER MAY REQUIRE INFORMATION PERTINENT
TO THE PERFORMANCE OF THE DUTY ESTABLISHED BY THIS SUBDIVISION, AN ANNU-
AL PUBLIC HEALTH PROGRAM ACCESS BENEFICIARY REPORT. SUCH REPORT SHALL BE
SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE AND SHALL BE  MADE  AVAIL-
ABLE  BY  THE  DEPARTMENT  AND  THE DEPARTMENT OF LABOR TO THE PUBLIC IN
PRINTED FORM FOR A REASONABLE FEE TO DEFRAY  THE  PRINTING  COSTS.  SUCH
REPORT  SHALL  ALSO BE MADE AVAILABLE TO THE PUBLIC AT NO CHARGE VIA THE
INTERNET ON THE WEBSITES OF THE DEPARTMENT AND THE DEPARTMENT OF  LABOR.
IN  ADDITION,  THE  DEPARTMENT  OF  LABOR SHALL PROVIDE MULTIPLE PRINTED
COPIES OF SUCH REPORT FOR PUBLIC VIEWING, FREE OF CHARGE, AT ALL OF  ITS
OFFICES  WHICH  PROVIDE  UNEMPLOYMENT INSURANCE OR EMPLOYMENT ASSISTANCE
SERVICES.
  B. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS HAVE  THE
FOLLOWING MEANINGS:
  (1) "EMPLOYER" MEANS ANY PERSON OR OTHER ENTITY, PUBLIC (INCLUDING THE
STATE)  OR  PRIVATE, EMPLOYING TWENTY-FIVE OR MORE PUBLIC HEALTH PROGRAM
ACCESS BENEFICIARIES (EXCLUSIVE OF SPOUSES AND OTHER DEPENDENTS), WHETH-
ER FULL-TIME OR PART-TIME, AT ANY ONE TIME WITHIN A CALENDAR YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04155-01-9

              

A. 2074                             2

  (2) "PUBLIC HEALTH PROGRAM" MEANS MEDICAL ASSISTANCE FOR NEEDY PERSONS
PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, THE
FAMILY HEALTH PLUS PROGRAM PURSUANT TO TITLE ELEVEN-D OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW, AND THE CHILD HEALTH INSURANCE PLAN PURSUANT TO
TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
  (3)  "PUBLIC  HEALTH PROGRAM ACCESS BENEFICIARY" MEANS ANY PERSON, WHO
IS ENROLLED IN A PUBLIC HEALTH PROGRAM,  EMPLOYED  BY  AN  EMPLOYER  AND
INCLUDES THE SPOUSE AND OTHER DEPENDENTS OF SUCH PERSON.
  C.  SUCH  REPORT  SHALL  PROVIDE  THE  FOLLOWING  INFORMATION FOR EACH
EMPLOYER:
  (1) THE NAME AND ADDRESS OF THE EMPLOYER;
  (2) THE NUMBER OF PUBLIC HEALTH PROGRAM ACCESS BENEFICIARIES  WHO  ARE
EMPLOYEES (EXCLUSIVE OF SPOUSES AND OTHER DEPENDENTS) OF THE EMPLOYER;
  (3)  THE  NUMBER OF PUBLIC HEALTH PROGRAM ACCESS BENEFICIARIES WHO ARE
SPOUSES OR DEPENDENTS OF EMPLOYEES OF THE EMPLOYER;
  (4) WHETHER OR NOT THE EMPLOYER OFFERS HEALTH BENEFITS TO ITS  EMPLOY-
EES AND THEIR SPOUSES AND DEPENDENTS; AND
  (5)  THE  COST  TO  THE STATE, INCLUDING POLITICAL SUBDIVISIONS OF THE
STATE, OF PROVIDING PUBLIC HEALTH PROGRAM BENEFITS FOR ALL PUBLIC HEALTH
PROGRAM ACCESS BENEFICIARIES, BROKEN DOWN  AND  AGGREGATED  BY  SPECIFIC
PUBLIC HEALTH PROGRAMS. SUCH REPORT SHALL NOT INCLUDE NAMES OF ANY INDI-
VIDUAL  PUBLIC HEALTH PROGRAM ACCESS BENEFICIARY AND SHALL BE SUBJECT TO
THE CONFIDENTIALITY AND PRIVACY LAWS, REGULATIONS, AND STANDARDS OF  THE
STATE  AND  THE  FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT OF 1996.
  S 2. Section 21 of the labor law is amended by adding a  new  subdivi-
sion 14 to read as follows:
  14.  SHALL ASSIST THE COMMISSIONER OF HEALTH IN THE PREPARATION OF THE
ANNUAL PUBLIC HEALTH  PROGRAM  ACCESS  BENEFICIARY  REPORT  PURSUANT  TO
SUBDIVISION  TWENTY-SIX  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH
LAW AND SHALL DISSEMINATE SUCH REPORT AS THEREIN PROVIDED.
  S 3. The labor law is amended by adding a new section 201-g to read as
follows:
  S 201-G. NOTICE OF HEALTH INSURANCE AVAILABILITY. 1. EVERY EMPLOYER OR
SUBSIDIARY THEREOF, AT ANY AND ALL OF ITS LOCATIONS WITHIN THE STATE, IN
ANY PUBLIC NOTICE OR ADVERTISEMENT  ISSUED  OR  PUBLISHED  BY  IT  ABOUT
EMPLOYMENT WITH THE EMPLOYER SHALL STATE WHETHER OR NOT IT OFFERS HEALTH
INSURANCE TO ITS EMPLOYEES, THEIR SPOUSES, OR OTHER DEPENDENTS.
  2. THE TERM "EMPLOYER", AS USED IN THIS SECTION, MEANS AND INCLUDES AN
INDIVIDUAL,  PARTNERSHIP,  ASSOCIATION,  CORPORATION,  LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP, LEGAL  REPRESENTATIVE,  TRUSTEE,
RECEIVER,  TRUSTEE  IN  BANKRUPTCY,  ANY  COMMON CARRIER BY RAIL, MOTOR,
WATER, AIR, OR EXPRESS COMPANY DOING BUSINESS IN OR OPERATING WITHIN THE
STATE, OR ANY OTHER LEGAL ENTITY.
  S 4. This act shall take effect immediately; provided that the  report
required  by  section one of this act shall be first published not later
than the close of the calendar year of the year next succeeding the year
in which this act shall have  become  a  law  and  annually  thereafter;
provided further that section three of this act shall take effect on the
one  hundred  twentieth  day  next succeeding the date on which this act
shall have become a law. Effective  immediately,  the  commissioners  of
health  and  labor  are  authorized  to promulgate any and all rules and
regulations and take any other measures necessary for the timely  imple-
mentation of the several sections of this act on their respective effec-
tive or applicability dates on or before such dates, respectively.