NY State Assembly Bill 2009-A9033

Assembly Bill A9033

Signed By Governor

2009-2010 Legislative Session

Authorizes the purchase of coverage under family health plus by voluntary employee benefit associations

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2009	signed chap.347
Jul 31, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.936 substituted for s6024
Jun 22, 2009	referred to rules delivered to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.632 rules report cal.632 reported reported referred to rules reported referred to ways and means
Jun 19, 2009	reference changed to health referred to social services

Votes

- Jul 16, 2009 - Floor Vote
  A9033
  
  46
  
  Aye
  
  7
  
  Nay
  
  4
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (46)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (7)
      
      Hannon
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      absent (4)
      
      Dilan
      
      Huntley
      
      Monserrate
      
      Onorato
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron

co-Sponsors

2009-A9033 (ACTIVE) - Details

See Senate Version of this Bill:: S6024
Law Section:: Social Services Law
Laws Affected:: Amd §369-ff, Soc Serv L

2009-A9033 (ACTIVE) - Summary

Authorizes the purchase of coverage under family health plus by designated sponsors; designated sponsor includes Taft-Hartley fund or voluntary employee benefit associations established in accordance with the internal revenue code.

2009-A9033 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9033

TITLE OF BILL:

An act to amend the social services law, in relation to the purchase of
coverage under family health plus by voluntary employee benefit associ-
ations

PURPOSE:

This bill authorizes voluntary employee benefit associations (VEBAs)
throughout the State to "buy in" to Family Health Plus, allowing them to
purchase Family Health Plus coverage for their members regardless of
income eligibility.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Social Services Law (SSL) § 369-ff to
permit voluntary employee benefit associations (VEBAs) to "buy in" to
Family Health Plus, regardless of income eligibility.

Section 2 of the bill provides that the bill would take effect imme-
diately.

EXISTING LAW:

SSL § 369-ee established the Family Health Plus program to provide
comprehensive health care insurance for uninsured persons who have too
much income or resources to qualify for Medicaid.

SSL § 369-ff authorizes employers and Taft-Hartley funds to "buy in" to
Family Health Plus. Employers and Taft-Hartley funds are permitted to
offer Family Health Plus to all employees or members, regardless of
income eligibility. The employer/Taft-Hartley fund is responsible for
payment of at least 70 percent of the premium, and the employee or
member is responsible for the balance of the premium. For those employ-
ees or members who are eligible for Family Health Plus, Child Health
Plus or Medicaid, the State will pay for the employee's share of the
premium through the Premium Assistance Program. The Commissioner of
Health is authorized to subsidize the employer's or Taft-Hartley fund's
share of the premium under specific conditions.

SSL § 369-ff also: (1) exempts individuals enrolled in the program in
this manner from crowd-out provisions; (2) makes plans offered in this
way community rated; (3) allows the Commissioner of Health (Commission-
er) to require Family Health Plus plans to cover all benefits provided
for in Child Health Plus for children under the age of 21; (4) directs
employers/Taft-Hartley funds who choose to participate in the plan to
provide information to all employees or members about employer sponsored
health insurance or premium assistance; and (5) permits the Commissioner
or the Commissioner's designee to act as a health plan coordinator to
facilitate the offering of multiple health plans.

Public Health Law § 2511 (18) establishes a Premium Assistance Program
to assist beneficiaries with the purchase of coverage that includes
coverage of a child under Child Health Plus, Family Health Plus and
Medicaid.

STATEMENT IN SUPPORT:

In 2007, the State enacted SSL § 369-ff to permit employers and Taft-
Hartley funds that offer health coverage to "buy-in" to Family Health
Plus, allowing workers to participate in employment-based health cover-
age. This bill extends the ability to "buy-in" to Family Health Plus to
a voluntary employee benefit association (VEBA) established in accord-
ance with the requirements of § 501(c)(9) of the federal Internal Reven-
ue Code.

Authorizing VEBAs to "buy-in" to Family Health Plus permits their
members to receive traditional public health coverage, with the VEBA and
the employee sharing the costs. This will make group health insurance
coverage accessible to individuals who are currently uninsured, and in
many instances may make it more affordable.

LEGISLATIVE HISTORY:

This is a new proposal.

BUDGET IMPLICATIONS:

This bill will not have any fiscal impact to the State in fiscal year
2009-10.

EFFECTIVE DATE:

The bill would be effective immediately.

2009-A9033 (ACTIVE) - Bill Text download pdf

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

                                  9033

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2009
                               ___________

Introduced  by  M. of A. GOTTFRIED, JOHN -- (at request of the Governor)
  -- read once and referred to the Committee on Social Services

AN ACT to amend the social services law, in relation to the purchase  of
  coverage  under family health plus by voluntary employee benefit asso-
  ciations

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

  Section 1. Subdivision 1 of section 369-ff of the social services law,
as  added  by  chapter  95  of  the  laws of 2007, is amended to read as
follows:
  1. (a) An employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR may
elect to offer family health plus insurance  plans  approved  under  the
family  health  plus  program  to  all  employees  or members and family
members of employees or members. If an employer or  [Taft-Hartley  fund]
OTHER  DESIGNATED  SPONSOR chooses to offer family health plus insurance
plans, the employer or  [Taft-Hartley  fund]  OTHER  DESIGNATED  SPONSOR
shall  pay  to  the commissioner or the commissioner's designee a sum of
money equal to at least seventy percent of the premium or a fixed dollar
amount, as determined by the commissioner, applicable to each  enrolling
employee  or  member. Each employee or member who enrolls shall, through
the employer or [Taft-Hartley fund] OTHER DESIGNATED SPONSOR, pay to the
commissioner or the commissioner's designee the balance of the  premium.
If  the  employee's  or  member's share of the premium is covered by the
employer sponsored health coverage or premium  assistance  programs  set
forth  in  this  title,  title eleven of this article, or title one-A of
article twenty-five of the public health law,  then  the  employee's  or
member's share of the premium shall be paid under such program. Notwith-
standing  any  provision of law, rule or regulation to the contrary, the
commissioner may, for children under  the  age  of  twenty-one,  require
family  health  plus insurance plans to cover all benefits covered under
title one-A of article twenty-five of the public health law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12109-02-9

A. 9033                             2

  (b) Where an employer or [Taft-Hartley fund] OTHER DESIGNATED  SPONSOR
chooses  to offer family health plus insurance plans under this section,
such employer or [Taft-Hartley  fund]  OTHER  DESIGNATED  SPONSOR  shall
disseminate  to  all employees or members information regarding employer
sponsored  health  coverage  or premium assistance programs set forth in
this title, title eleven of this article,  or  title  one-A  of  article
twenty-five of the public health law.  The information shall be provided
by  the  commissioner  to employers or [Taft-Hartley funds] OTHER DESIG-
NATED SPONSORS offering family health insurance plans  and  disseminated
by  employers  or  [Taft-Hartley  funds]  OTHER  DESIGNATED  SPONSORS to
employees or members in a form and manner specified by the commissioner.
  (c) Subject to federal approval, an employer  or  [Taft-Hartley  fund]
OTHER  DESIGNATED SPONSOR choosing to offer family health plus insurance
plans in accordance with paragraph (a) of this subdivision which (i) did
not previously offer health insurance to its  employees  or  members  or
(ii)  currently  offers health insurance to its employees or members but
the employer's or [Taft-Hartley fund's] OTHER DESIGNATED SPONSOR'S abil-
ity to continue to offer such coverage is in jeopardy, as determined  by
the  commissioner,  may be eligible for state subsidies towards the cost
of its share of the premium only for employees or members who  otherwise
may  be  eligible  for  family health plus, child health plus or medical
assistance under this title, title one-A of article twenty-five  of  the
public  health  law  or  title  eleven of this article, respectively. An
employee or member identified as potentially eligible for family  health
plus,  child  health plus or medical assistance through a process speci-
fied by the commissioner shall apply to the appropriate program  for  an
eligibility  determination.  The availability and amount of state subsi-
dies provided pursuant to this paragraph and  eligibility  criteria  for
such  subsidies shall be determined by the commissioner. State subsidies
pursuant to this paragraph shall be cost effective relative to  payments
made under the family health plus, child health plus and medical assist-
ance programs, whichever program is applicable.
  (d)  All  moneys  paid to the commissioner under this section shall be
deposited by the commissioner in the family health plus  employer  part-
nership  account  established  under  section  ninety-one-g of the state
finance law. Notwithstanding any provision of law, rule or regulation to
the contrary, the commissioner may issue a  request  for  proposals  and
enter  into  one  or  more  contracts  to  administer  the  billing  and
collection of premiums due under this section.
  (e) The commissioner or the commissioner's designee is  authorized  to
act  as  a  health  plan  coordinator between employers or [Taft-Hartley
funds] OTHER DESIGNATED SPONSORS and health plans  if  the  commissioner
determines  that a health plan coordinator will be helpful in the effec-
tive implementation of this section or in facilitating the  offering  of
multiple  health plans by employers or [Taft-Hartley funds] OTHER DESIG-
NATED SPONSORS to their employees or members. The commissioner  is  also
authorized  to amend existing facilitated enrollment contracts if neces-
sary to implement this section.
  (F) FOR PURPOSES OF THIS SECTION, THE TERM "OTHER DESIGNATED  SPONSOR"
MEANS:  A  TAFT-HARTLEY FUND OR A VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION
ESTABLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 501(C)(9)  OF
THE FEDERAL INTERNAL REVENUE CODE.
  S 2. This act shall take effect immediately.

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Assembly Bill A9033

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GOTTFRIED