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

                                  5692

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. ESPAILLAT, BRADLEY -- read once and referred to
  the Committee on Veterans' Affairs

AN ACT to amend the executive law and the military law, in  relation  to
  the establishment of the New York state veteran health insurance act

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

  Section 1. This act shall be known and may be cited as the  "New  York
state veteran health insurance act".
  S  2. The executive law is amended by adding a new section 368 to read
as follows:
  S 368. VETERAN HEALTH INSURANCE PROGRAM. THE NEW YORK  STATE  DIVISION
OF  MILITARY  AND  NAVAL  AFFAIRS IS HEREBY DIRECTED TO ADMINISTRATE, IN
COOPERATION WITH THE DIVISION OF VETERANS  AFFAIRS,  A  NEW  YORK  STATE
VETERAN HEALTH INSURANCE PROGRAM. SUCH PROGRAM SHALL PROVIDE ANY PERSON,
WHO  IS A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD OR THE NEW YORK AIR
NATIONAL GUARD, AND WHO IS ELIGIBLE TO ENROLL  IN  THE  TRICARE  RESERVE
SELECT  HEALTH  INSURANCE PROGRAM WITH ANY AND ALL ENROLLMENT FEES, COST
SHARING OR CO-PAYMENTS NECESSARY FOR SUCH PERSON TO ENROLL IN AND OBTAIN
INDIVIDUAL OR FAMILY COVERAGE UNDER SUCH PROGRAM. THE  PAYMENT  OF  SUCH
FEES,  COST  SHARING  OR  CO-PAYMENTS MAY BE PROVIDED, PURSUANT TO REGU-
LATION, EITHER DIRECTLY TO THE TRICARE RESERVE SELECT  HEALTH  INSURANCE
PROGRAM,  OR  ITS AGENTS, OR TO THE INDIVIDUAL ENROLLEE, UPON SUFFICIENT
PROOF OF ENROLLMENT. NOTHING IN THIS SECTION, HOWEVER, SHALL REQUIRE THE
VETERAN HEALTH INSURANCE PROGRAM TO PROVIDE PAYMENT FOR PROGRAM  DEDUCT-
IBLES  OR FOR THE TWENTY PERCENT NONPLAN MEDICAL PROVIDER CO-PAYMENT, OR
THE FIFTEEN PERCENT PLAN MEDICAL PROVIDER CO-PAYMENT.
  S 3. The military law is amended by adding a new section 246-a to read
as follows:
  S 246-A. VETERAN HEALTH INSURANCE PROGRAM. THE NEW YORK STATE DIVISION
OF MILITARY AND NAVAL AFFAIRS IS HEREBY  DIRECTED  TO  ADMINISTRATE,  IN
COOPERATION  WITH  THE  NEW  YORK  STATE DIVISION OF VETERANS AFFAIRS, A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09107-01-9
              

A. 5692                             2

VETERAN HEALTH INSURANCE PROGRAM. SUCH PROGRAM SHALL PROVIDE ANY PERSON,
WHO IS A MEMBER OF THE NEW YORK ARMY NATIONAL GUARD OR THE NEW YORK  AIR
NATIONAL  GUARD,  AND  WHO  IS ELIGIBLE TO ENROLL IN THE TRICARE RESERVE
SELECT  HEALTH  INSURANCE PROGRAM WITH ANY AND ALL ENROLLMENT FEES, COST
SHARING OR CO-PAYMENTS NECESSARY FOR SUCH PERSON TO ENROLL IN AND OBTAIN
INDIVIDUAL OR FAMILY COVERAGE UNDER SUCH PROGRAM. THE  PAYMENT  OF  SUCH
FEES,  COST  SHARING  OR  CO-PAYMENTS MAY BE PROVIDED, PURSUANT TO REGU-
LATION, EITHER DIRECTLY TO THE TRICARE RESERVE SELECT  HEALTH  INSURANCE
PROGRAM,  OR  ITS AGENTS, OR TO THE INDIVIDUAL ENROLLEE, UPON SUFFICIENT
PROOF OF ENROLLMENT. NOTHING IN THIS SECTION, HOWEVER, SHALL REQUIRE THE
VETERAN HEALTH INSURANCE PROGRAM TO PROVIDE PAYMENT FOR PROGRAM  DEDUCT-
IBLES  OR FOR THE TWENTY PERCENT NONPLAN MEDICAL PROVIDER CO-PAYMENT, OR
THE FIFTEEN PERCENT PLAN MEDICAL PROVIDER CO-PAYMENT.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.