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A02000 Summary:

BILL NOA02000
 
SAME ASSAME AS S01612
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Amd 167-a, Civ Serv L
 
Amends supplementary medical insurance benefits reimbursement amount to include additional charges other than the premium charge; defines health benefit plan of supplementary medical insurance benefits.
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A02000 Actions:

BILL NOA02000
 
01/17/2017referred to governmental employees
06/06/2017reported referred to ways and means
01/03/2018referred to ways and means
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A02000 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2000
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the civil service law, in relation to reimbursement for medicare charges   PURPOSE OR GENERAL IDEA OF BILL: This bill reaffirms the Legislature's intent to hold State retirees harmless for any premium or other charges paid due to enrollment in Medicare.   SUMMARY OF PROVISIONS: Section one of the bill amends section 167-a of the Civil Service Law to clarify that reimbursement shall be for both Medicare charges and any other additional Medicare charges. Currently, these other Medicare charges are the Income Related Monthly Adjustment Amount charges for Medicare Parts B and D. Because Medicare is statutory, the Federal government could add more new charges for Medicare. Any new charges would be other additional charges for which reimbursement would be required. Section two of the bill that this act shall take effect immediately.   EXISTING LAW: Currently, the State reimburses retirees for their Medicare premium charges but not their additional Medicare charges, such as the Medicare Part D Income Related Monthly Adjustment Amount.   JUSTIFICATION: Retired State employees are required to enroll in Medicare at age 65, which is Medicare's age for eligibility. Upon enrollment in Medicare Part B, enrollment in a Medicare Part D plan is automatic. Medicare Part D is the prescription medication component of the Medicare program. Medicare enrollees pay separate premiums for Part B and Part D enroll- ment. Enrollees who are considered to be high income must pay an Income Related Monthly Adjustment Amount (IRMAA) in addition to their premium. Even though the Appellate Division, Third Department, in Matter of United University Professions v. New York, 36 A.D.3d 297, 302-303 (3rd Dept; 2006), held that "(b)ased on the plain language of Civil Service Law § 167-a, the legislative history of Civil Service Law article 11 and respondents' correct long-standing interpretation of that statutory scheme," the State's interpretation that section 167-a does not include reimbursement for Medicare Part B IRMAA was arbitrary and capricious, the State has determined that it is not required to reimburse retirees for Medicare Part D 1RMAA. That determination is contrary to both section 167-a's legislative history and the Appellate Division's deci- sion in Matter of United University Professions, supra. This bill amends section 167-a to reaffirm the Legislature's intent to hold State reti- rees harmless for any premium or other charges paid due to enrollment in Medicare.   PRIOR LEGISLATIVE HISTORY: 2016: A.4190 - Referred to Governmental Employees 2015: A.4190 - Reported to Ways and Means 2014: A.6369 - Reported to Ways and Means   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect immediately.
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A02000 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2000
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT to amend the civil service law, in relation to reimbursement for
          medicare charges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  167-a  of  the  civil service law, as amended by
     2  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
     3  read as follows:
     4    § 167-a. Reimbursement  for medicare [premium] charges. Upon exclusion
     5  from the coverage of the health benefit plan  of  supplementary  medical
     6  insurance  benefits for which an active or retired employee or a depend-
     7  ent covered by the health benefit plan is or would be eligible under the
     8  federal old-age, survivors and disability insurance program,  an  amount
     9  equal  to  the  premium charge and any other additional charges for such
    10  supplementary medical insurance benefits  for  such  active  or  retired
    11  employee  and his or her dependents, if any, shall be paid monthly or at
    12  other intervals to such active  or  retired  employee  from  the  health
    13  insurance  fund.  Where  appropriate,  such  amount may be deducted from
    14  contributions payable by the employee  or  retired  employee;  or  where
    15  appropriate  in  the  case  of a retired employee receiving a retirement
    16  allowance, such amount may be included  with  payments  of  his  or  her
    17  retirement allowance. All state employer, employee, retired employee and
    18  dependent contributions to the health insurance fund, including contrib-
    19  utions  from  public  authorities,  public benefit corporations or other
    20  quasi-public organizations of the state eligible  for  participation  in
    21  the  health benefit plan as authorized by subdivision two of section one
    22  hundred sixty-three of this article, shall be adjusted as  necessary  to
    23  cover  the cost of reimbursing federal old-age, survivors and disability
    24  insurance program premium charges under this section. This cost shall be
    25  included in the calculation  of  premium  or  subscription  charges  for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06036-01-7

        A. 2000                             2
 
     1  health  coverage  provided  to  employees  and  retired employees of the
     2  state, public authorities, public benefit corporations or  other  quasi-
     3  public  organizations of the state; provided, however, the state, public
     4  authorities, public benefit corporations or other quasi-public organiza-
     5  tions  of the state shall remain obligated to pay no less than its share
     6  of  such  increased  cost  consistent  with  its  share  of  premium  or
     7  subscription  charges  provided  for by this article. All other employer
     8  contributions to the health insurance fund shall be adjusted  as  neces-
     9  sary  to  provide  for such payments.  For purposes of this section, the
    10  term "health benefit plan of supplementary medical  insurance  benefits"
    11  shall  mean  the  health  benefit plan prescribed by section one hundred
    12  sixty-one of this article and shall include prescription drugs and medi-
    13  cations, group hospitalization, surgical and medical insurance  provided
    14  pursuant to such section.
    15    § 2. This act shall take effect immediately.
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