What's happening
This bill expands reimbursement for Medicare charges for New York state employees to include additional charges beyond premiums and clarifies covered benefits.
Why it matters
Expanding reimbursement beyond just premiums. means that New York state employees and retirees could be reimbursed for a wider range of Medicare-related out-of-pocket costs, not just the monthly premiums—potentially easing overall financial burden for covered individuals.
Clarifying the definition of covered benefits. (to explicitly include prescription drugs, hospital, surgical, and medical insurance) helps ensure comprehensive coverage and may reduce confusion or disputes about what expenses state employees and retirees can expect to have reimbursed.
Adjusting employer and employee contributions. to account for these expanded reimbursements could affect overall costs for state agencies and their employees, potentially influencing future negotiations over benefits and compensation.
Immediate implementation. means these changes could have a prompt impact on current state employees and retirees, affecting their health care planning and financial decisions in the near term.
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Who cares
Headline styles
Cover More Medicare Costs
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Reported and committed to finance
- Referred to civil service and pensions
- Returned to senate
- Died in assembly
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 62–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.609
- Reported and committed to finance
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Medicare Reimbursement
In Assembly Committee · Ways And Means · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1612
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. GOLDEN, BRESLIN, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
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 Assembly, do enact as follows:
Section 1. Section 167-a of the civil service law, as amended by section 1 of part I of chapter 55 of the laws of 2012, is amended to read as follows:
§ 167-a. Reimbursement for medicare [premium] charges. Upon exclusion from the coverage of the health benefit plan of supplementary medical insurance benefits for which an active or retired employee or a dependent covered by the health benefit plan is or would be eligible under the federal old-age, survivors and disability insurance program, an amount equal to the premium charge and any other additional charges for such supplementary medical insurance benefits for such active or retired employee and his or her dependents, if any, shall be paid monthly or at other intervals to such active or retired employee from the health insurance fund. Where appropriate, such amount may be deducted from contributions payable by the employee or retired employee; or where appropriate in the case of a retired employee receiving a retirement allowance, such amount may be included with payments of his or her retirement allowance. All state employer, employee, retired employee and dependent contributions to the health insurance fund, including contributions from public authorities, public benefit corporations or other quasi-public organizations of the state eligible for participation in the health benefit plan as authorized by subdivision two of section one hundred sixty-three of this article, shall be adjusted as necessary to cover the cost of reimbursing federal old-age, survivors and disability insurance program premium charges under this section. This cost shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06036-01-7
S. 1612 2
included in the calculation of premium or subscription charges for health coverage provided to employees and retired employees of the state, public authorities, public benefit corporations or other quasipublic organizations of the state; provided, however, the state, public authorities, public benefit corporations or other quasi-public organizations of the state shall remain obligated to pay no less than its share of such increased cost consistent with its share of premium or subscription charges provided for by this article. All other employer contributions to the health insurance fund shall be adjusted as necessary to provide for such payments. For purposes of this section, the term "health benefit plan of supplementary medical insurance benefits" shall mean the health benefit plan prescribed by section one hundred sixty-one of this article and shall include prescription drugs and medications, group hospitalization, surgical and medical insurance provided pursuant to such section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 enrollment.
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 IRMAA. That determination is contrary to both section 167-a's legislative history and the Appellate Division's decision in Matter of United University Professions, supra. This bill amends section 167-a to reaffirm the Legislature's intent to hold State retirees harmless for any premium or other charges paid due to enrollment in Medicare.
Prior legislative history
2016: S.1995 - Passed the Senate 2015: S.1995 - Passed the Senate 2014: S.6664 - Reported to Finance
Fiscal implications
To be determined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.