S T A T E   O F   N E W   Y O R K
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                                  4894

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the social services law, in relation to  aligning  Medi-
  caid optional services with private sector health benefits

  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  "Medicaid
taxpayer equity act".
  S  2.  The legislature hereby finds that it is fundamentally unfair to
the taxpayers of the state for Medicaid optional services to exceed  the
minimum  health  insurance benefits levels that are required for private
sector health  insurance  plans.  Higher  benefit  levels  for  Medicaid
compared  to private insurance create a disincentive for people to leave
public assistance and  accept  private  employment  and  private  health
coverage.  Higher Medicaid benefit levels are also a contributing factor
causing the state to have the highest Medicaid costs in the  nation  and
some  of  the  highest property taxes in the nation. The purpose of this
act is to ensure that Medicaid  optional  services  for  adults  do  not
exceed the minimum health insurance benefit levels that apply to private
insurance plans, other than long-term care services.
  S  3.  Title  11 of article 5 of the social services law is amended by
adding a new section 362 to read as follows:
  S 362. BENEFITS  PROVIDED  UNDER  THIS  TITLE  FOR  MEDICAID  OPTIONAL
SERVICES. THE STATE SHALL NOT OFFER TO INDIVIDUALS OVER THE AGE OF TWEN-
TY-ONE YEARS MEDICAID OPTIONAL SERVICES THAT EXCEED THE MINIMUM BENEFITS
REQUIRED  FOR  HEALTH CARE PLANS UNDER ARTICLE FORTY-THREE OF THE INSUR-
ANCE LAW. THIS SECTION  SHALL  NOT  APPLY  TO  MEDICAID  LONG-TERM  CARE
SERVICES.
  S  4. The commissioner of the department of health shall submit to the
federal department of health and human services for approval any  amend-
ments  to  the state plan required by this act. Furthermore, the commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08558-01-3
              

A. 4894                             2

sioner of the department of health shall have the authority  to  promul-
gate  or  amend any regulations necessary for the implementation of this
act.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.