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- Referred to rules
Full text
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Sponsor's memo
Title of bill
An act to amend the military law, the state finance law, the civil practice law and rules and the tax law, in relation to establishing "New York's Own combat veterans healthcare choice program act"
Purpose
This bill would authorize the creation of healthcare savings accounts for New York resident combat veterans of the organized militia of the State, who while on State Orders in a combat zone during the period September 2011 to date, suffered injuries or disability, and who, upon 90 days of making application to the US Veterans Administration for healthcare services related to those injuries or disability, have still not received primary care or an appointment for primary care, for those injuries or disability.
Summary of provisions
The health care savings accounts will be funded: 1) for a period of up to three years by New York State in the amount of $5,000 per year; and, 2) by State tax deductible contributions from the combat veteran not to exceed $5,000 per year. The State's contributions to the soldier's health care savings accounts will terminate upon the earlier of: a) the combat veteran securing services from the VA for the injuries or disability sustained in a combat zone; or, b) three years after establishment of the account.
Read the full memo (893 words)
All "Qualified Expenditures" from the account for healthcare would likewise be New York State tax deductible and would specifically include drug and alcohol rehabilitation as well as PTSD. The combat veteran has complete authority to choose the healthcare provider so long as they are licensed by New York State. Much like the College Savers program, the accounts would be administered by the State Comptroller and unexpended funds would earn interest while on account
Justification
The healthcare savings account program is patterned on the very successful "New York 529 College Savers" program and will provide New York resident members of the organized militia who deployed with a New York unit to a combat zone, a bridge to much needed healthcare when, through no fault of the service member, they have been unable to secure primary care, or an appointment with a US Veterans Administration primary care physician on a timely basis.
The recently released report of the General Accounting Office noted that the Veterans Choice Program created by Congress in 2014 has failed to reduce the number of veterans waiting more than 30 days to get an appointment for primary care at either a VA facility or with one of the Veterans Choice providers as the law requires. In fact, according to the GAO report there are 71,000 more veterans waiting more than the 30 days than there was in May of 2015. Among the hundreds of thousands of veterans waiting longer than 30 days are hundreds of New York resident Air and Army National Guard combat veterans who sustained injuries or disabilities in a combat zone on orders from The Governor and Adjutant General; and who, despite efforts to secure primary care from the US Veterans Administration, have been unable to schedule appointments. This program will ensure they have healthcare until picked up by the Veterans Administration.
The Governor and Adjutant General have issued over 14,300 Orders to members of the Organized Militia of New York to serve in certified combat zones since September 11, 2001. An undetermined number of these orders were issued to service members who had previously deployed to a combat zone.
While the Division of Military and Naval Affairs does not certify disability ratings nor does it have any mechanism for tracking the applications of personnel returning from a combat zone who have made application to US Veterans Administration for healthcare services, this bill would create a mechanism for New York State to take of its own combat veterans for injuries or disability suffered while on State Orders in a Combat Zone if the US Veterans Administration has failed to provide the service member with an appointment with a primary care physician within 90 days of requesting one.
Legislative history
New bill
Fiscal implications
It is not possible to determine the total annual cost of this bill since the number of effected New York resident combat veterans who would qualify cannot be estimated. However, the total number of combat deployments is 14,353 and among this universe is a number service members with multiple deployments and still others who are not residents of New York State. Available records indicate that the percentage of all civilian veterans with a VA disability is just 16.6% and the number of combat veterans applying for VA disability has ranged from 8 % for Operation Enduring Freedom to a high of 30 % for Operation Iraqi Freedom. Since it is likely that a number of New York's combat injured or disabled soldiers and airmen have succeeded in securing appointments with a VA primary care physicians, the number qualified applicants is projected to be not more than 1,500.
Thus, the maximum fiscal impact would not exceed $7,500,000 per year over the first three years. Since the benefit terminates after the earlier of three years; or the VA's assumption of responsibility for primary care, it is highly unlikely that fiscal impact will ever reach this sum.
Effective date
This act shall take effect immediately and shall apply to taxable years beginning after December 31, 2016.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.