S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6798
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 23, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to establishing a  veter-
   ans'  dental  insurance  coverage program; and making an appropriation
   therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 366-a
 to read as follows:
   § 366-A. VETERANS' DENTAL INSURANCE COVERAGE PROGRAM. 1. THE  DIRECTOR
 SHALL  ESTABLISH  A  VETERANS'  DENTAL  INSURANCE  COVERAGE  PROGRAM, IN
 CONSULTATION WITH THE COMMISSIONER OF CIVIL SERVICE,  WITHIN  THE  STATE
 EMPLOYEE DENTAL INSURANCE PLAN. SUCH PROGRAM SHALL PROVIDE COMPREHENSIVE
 AND  ROUTINE DENTAL CARE SERVICES TO NEW YORK STATE RESIDENT VETERANS AS
 SUCH TERM IS DEFINED IN THIS ARTICLE.
   2. ELIGIBILITY UNDER THIS SECTION SHALL NOT BE GRANTED TO  ANY  PERSON
 WHO AT THE TIME AN APPLICATION IS MADE IS RECEIVING EQUIVALENT OR BETTER
 COVERAGE  FROM ANY OTHER PUBLIC OR PRIVATE THIRD PARTY PAYMENT SOURCE OR
 INSURANCE PLAN THAN THOSE BENEFITS PROVIDED FOR UNDER THIS SECTION.
   3. THE DIRECTOR SHALL ESTABLISH A SLIDING SCALE FOR  COPAYMENTS  WHICH
 SHALL  BE  BASED ON INCOME AND DISABILITY LEVEL OF THE VETERAN. VETERANS
 WITH A DISABILITY RATING OF BETWEEN  TEN  AND  FIFTY  PERCENT  SHALL  BE
 SUBJECT  TO  COPAYMENT  AMOUNTS  AS SET BY THE DIRECTOR BASED ON INCOME.
 VETERANS WITH A DISABILITY RATING OF FIFTY PERCENT OR HIGHER  SHALL  NOT
 BE SUBJECT TO COPAYMENTS FOR TREATMENT OR SERVICES UNDER THIS PROGRAM.
   4. PROGRAM REGULATIONS SHALL:
   (A)  PROVIDE FOR A PROCESS OF DETERMINING AND RE-DETERMINING ELIGIBIL-
 ITY  FOR  PARTICIPATION  IN  THIS  PROGRAM  INCLUDING   PROVISIONS   FOR
 SUBMISSION  OF  PROOF  OF  VETERAN STATUS, RESIDENCY, INCOME, DISABILITY
 RATING AND INFORMATION ON  EXISTING  COMPLETE  OR  PARTIAL  COVERAGE  OF
 DENTAL EXPENSES UNDER A THIRD PARTY ASSISTANCE OR INSURANCE PLAN;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13271-02-9

 S. 6798                             2
 
   (B) PROVIDE FOR A FAIR HEARING PROCESS FOR INDIVIDUALS AND PARTICIPAT-
 ING DENTISTS TO APPEAL DETERMINATIONS OR ACTIONS OF THE CONTRACTORS; AND
   (C)  ESTABLISH  PROCEDURES FOR THE STATE TO RECOVER THE VALUE OF BENE-
 FITS OR PAYMENTS MADE UNDER THIS SECTION, IF ANY,  THAT  WERE  BASED  ON
 APPLICATIONS  OR  CLAIMS SUBMITTED IN VIOLATION OF ANY PROVISION OF THIS
 SECTION.
   § 2. The sum of five million dollars ($5,000,000), or so much  thereof
 as  may  be necessary, is hereby appropriated to the department of civil
 service out of any moneys in the state treasury in the general  fund  to
 the  credit of the local assistance account, not otherwise appropriated,
 and made immediately available, for the  purpose  of  carrying  out  the
 provisions  of  this  act. Such moneys shall be payable on the audit and
 warrant of the comptroller on vouchers  certified  or  approved  by  the
 president of the department of civil service in the manner prescribed by
 law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.