New York Assembly Bill A04990 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4990 2025-2026 Regular Sessions  IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to establishing the disability benefits maximization and assistance program to assist eligible state retirees in obtaining certain disability benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil service law is amended by adding a new article 15 2 to read as follows: 3 ARTICLE XV 4 DISABILITY BENEFITS MAXIMIZATION AND ASSISTANCE PROGRAM 5 Section 300. Definitions. 6 301. Purpose. 7 302. Establishment of the disability benefits maximization and 8 assistance program. 9 303. Investment of savings. 10 § 300. Definitions. As used in this article, the following terms shall 11 have the following meanings: 12 1. "Eligible individual" means an individual retired from state 13 service eligible for benefits pursuant to article eleven of this chap- 14 ter. 15 2. "Program" means the disability benefits maximization and assistance 16 program established pursuant to the provisions of this article. 17 § 301. Purpose. Persons who are under age sixty-five and disabled are 18 frequently eligible for, but not receiving social security disability 19 insurance and disability benefits. The disability benefits maximization 20 and assistance program is designed to ensure that eligible retirees are 21 able to access all benefits available to them. The benefits accrue not 22 just to the retiree, but to the state in ensuring that Medicare serves 23 as the primary payer for eligible persons. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02968-04-5 
 A. 4990 2 1 § 302. Establishment of the disability benefits maximization and 2 assistance program. 1. The commissioner shall establish within the 3 department a disability benefits maximization and assistance program 4 which shall be designed to identify state retirees eligible for but not 5 receiving social security disability insurance and Medicare coverage. 6 2. Elements of the program shall include: 7 (a) conducting an ongoing claims analysis of retirees for the purpose 8 of identifying individuals who may be eligible for social security disa- 9 bility insurance benefits and are not yet receiving them; 10 (b) assisting any individual whose claims history and social security 11 eligibility qualify such individual to apply for and be awarded social 12 security disability. Such assistance shall include the following: 13 (i) developing communication materials to educate state retirees about 14 social security disability insurance benefits; 15 (ii) performing outreach to populations targeted by claims analysis; 16 (iii) analyzing responses to determine social security disability 17 insurance benefit eligibility; 18 (iv) representing qualified individuals with their claim or claims to 19 qualify for social security disability insurance benefits enrollment; 20 (v) monitoring the program through reporting requirements and other 21 means to ensure contract performance and quality delivery of services; 22 and 23 (vi) monitoring the quality of services delivered to participants 24 through outcome measurements. 25 3. Under no circumstances shall an individual eligible for this 26 program experience any adverse change in health benefits or other bene- 27 fits as a result of participating in this program. No individual shall 28 be required to transfer to Medicare as a result of participating in this 29 program. 30 4. The commissioner shall provide the department and the legislature 31 with an annual report showing the number of state retirees who have 32 transitioned to social security disability insurance and Medicare and 33 the amount of savings realized by the program. 34 § 303. Investment of savings. The state shall invest any net savings 35 realized from the program back into the New York state health insurance 36 program for the purpose of eliminating or limiting the impact of any 37 premium rate or other cost increases that would be the responsibility of 38 an employee or retiree. 39 § 2. This act shall take effect April 1, 2025; provided, however, if 40 this act shall have become a law after such date it shall take effect 41 immediately and shall be deemed to have been in full force and effect on 42 and after such date.