EHC - Expanded Health Care Coverage Act 703/88

                        EXPANDED HEALTH CARE COVERAGE ACT                      OF NINETEEN HUNDRED EIGHTY-EIGHT   Section 1. Legislative findings.          2. Short title.          3. Definitions.          4. Regional pilot projects for the uninsured.     Section  1. Legislative findings. The legislature finds that there are  more than two and one-half million residents of the state  who  have  no  health  care  coverage.  The  legislature recognizes that since nineteen  hundred eighty  the  number  of  state  residents  without  health  care  coverage  has  increased  at a rate of one hundred thousand per year, an  increase of more than thirty percent in six years.    The legislature further finds that people without health care coverage  have limited access to primary health care services and  tend  to  defer  obtaining medical care, which leads to increased severity of illness and  increased  costs  when services are utilized. The legislature recognizes  that the lack of health care coverage has serious implications  for  the  overall health status of residents of the state.    The  legislature  recognizes  the need to develop methods of providing  health care coverage to uninsured individuals and families in  order  to  improve  the health of residents of New York. Therefore, the legislature  hereby declares that it is the policy  of  this  state  to  promote  the  establishment  of pilot programs to test effective mechanisms to provide  health care coverage to the uninsured. The legislature further  declares  that   these  pilot  programs  will  provide  valuable  information  for  determining  future  methods  of  providing  comprehensive  health  care  coverage to all New York residents who lack such coverage.    §  2.  Short  title.  This  act shall be known and may be cited as the  "Expanded Health Care Coverage Act of Nineteen Hundred Eighty-eight".    § 3. Definitions. For the purpose of  this  act,  unless  the  context  clearly requires otherwise:    1. "Applicant" means an eligible organization which submits a proposal  under subdivision five of section four of this act.    2.  "Approved organization" means an eligible organization approved by  the commissioner to conduct either an individual subsidy program  or  an  employer  incentive  program,  under subdivision five of section four of  this act.    3. "Commissioner" means the commissioner of health.    4. "Eligible organization" means an organization submitting a proposal  to the commissioner under subdivision five of section four of this  act.  The  organizations which may submit a proposal shall include, but not be  limited to, the following:    (i) a commercial insurer;    (ii) a corporation or health maintenance organization  licensed  under  article forty-three of the insurance law;    (iii)  a  health  maintenance  organization  certified  under  article  forty-four of the public health law;    (iv) a comprehensive health services plan operating under  regulations  of the department of social services or the department of health;    (v) an employer association; or    (vi) a local social services district.    5.  "Employer  incentive  program" means a pilot program which assists  employers in providing health care coverage under subdivision  three  of  section four of this act.

    6. "Incentive payment" means payments made to an approved organization  to  reduce the cost of providing health care coverage under the employer  incentive program.    7.  "Individual  subsidy  program"  means  a pilot program which shall  assist individuals and families in purchasing health care coverage under  subdivision two of section four of this act.    8. "Regional pilot project" means a program to test a model  providing  health  care  coverage under insurance or equivalent coverage mechanisms  for  the  uninsured  and  to  test  negotiated  special   payment   rate  methodologies for inpatient and outpatient services delivered by general  hospitals.    9.   "Subcommittee"   means   the  subcommittee  on  health  insurance  established pursuant to chapter one hundred twenty-six of  the  laws  of  nineteen hundred eighty-one.    10. "Subsidy payment" means a payment made to an approved organization  to  reduce  the  cost  of  purchasing  health  care  coverage  under the  individual subsidy program.    11. "Superintendent" means the superintendent of insurance.    § 4. Regional pilot projects for the uninsured. 1.  The  commissioner,  in consultation with the subcommittee, is authorized to conduct regional  pilot  projects,  including  one or more individual subsidy programs and  one or more employer incentive programs. The commissioner shall  approve  at least one of each program in accordance with subdivision five of this  section. In the absence of applications which meet the approval criteria  for  any  one model, the commissioner may approve additional programs in  the other program category.    2. (a) An individual subsidy  program  shall  assist  individuals  and  families   in   purchasing  health  care  coverage  under  insurance  or  equivalent  coverage  mechanisms.  In   order   to   be   eligible   for  participation  in  the program, and subject to annual recertification of  eligibility, individuals and families shall meet the following criteria:    (i) gross household income is at or below two hundred percent  of  the  non-farm federal poverty level; and    (ii)  not  receiving  medical  assistance  without taking into account  costs incurred for medical care under the provisions  of  section  three  hundred sixty-six of the social services law; and    (iii)  ineligible  for  medicare as defined in subchapter XVIII of the  federal Social Security Act, 42 U.S.C. §1395 et seq., and    (iv) do not have equivalent health care coverage  under  insurance  or  equivalent  coverage  mechanisms  as  defined  by  the  commissioner, in  consultation with the superintendent. Individuals  and  families  having  health  care  coverage  within the six month period prior to application  shall not be eligible for the individual subsidy program. The limitation  shall not apply to persons who become ineligible for medical  assistance  or  whose  insurance or equivalent coverage is terminated as a result of  loss of employment within such period.    (b)  If  individuals  and  families  receiving  benefits   under   the  individual  subsidy  program  become  eligible for medical assistance by  taking into account costs incurred for  medical  care,  social  services  districts  may  pay  all  or  part  of  the  premium  in accordance with  department of social services  regulations.  For  the  purpose  of  this  paragraph, subsidy payments shall not be available to cover the costs of  the premium.    (c)  For  the  purposes  of  the  individual  subsidy program, subsidy  payments shall be made, under subdivision eight of this section,  to  an  approved  organization  for  the  purpose  of reducing premium payments,  deductibles  or  copayments  for  participants  in  the   program.   The  commissioner  may  establish and adjust schedules of payments to be made

  under this program. In determining such schedules, the costs to be borne  by the individual or family shall take into account the  household  size  and  gross  annual income of the household and such other factors as the  commissioner may deem appropriate.    (d)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this  subdivision, an individual who meets  the  criteria  as  established  in  subparagraphs (ii) through (iv) of such paragraph may be enrolled in the  individual   subsidy   program,   provided  however,  that  an  approved  organization shall not be eligible to  receive  a  subsidy  payment  for  providing coverage to such an individual. Enrollment of such individuals  shall  not  exceed  twenty-five  percent  of  the  total  enrollment for  participants in the individual subsidy program.    (e) Applications for enrollment in the individual subsidy program will  not be accepted on and after January first, two thousand one;  provided,  however,  individuals and families who are otherwise eligible to receive  benefits under such program and are enrolled prior to January first, two  thousand  one,  may  remain  enrolled  in  such  program   until   March  thirty-first, two thousand nine.    3.  (a) An employer incentive program shall assist employers of twenty  or fewer employees in purchasing health care coverage for all  full-time  employees  and  such other employees determined to be qualified for such  coverage by the  employer  based  on  employment  status.  In  order  to  participate  in  the program, an employer shall not have, within the six  month period prior  to  application,  provided  employer-financed  group  health  care  coverage  to  any  employee associated with the employer's  business.    (b) An employer incentive payment shall  consist  of  payments  to  an  approved organization in the amount of no more than fifty percent of the  premium  costs  for  group  health care coverage for employees and their  dependents. Employees shall not be required to make contributions to the  payment of premium costs under this program. Premium costs  incurred  by  an  employer  for  group  health  insurance  coverage  for  officers and  directors of an employer and others  with  a  proprietary  or  ownership  interest  in  the  employer  may be eligible for an incentive payment to  offset premium costs; provided, however, that the gross household income  of such officers and directors or others with a propriety  or  ownership  interest  does  not  exceed the limits provided pursuant to subparagraph  (i) of paragraph (a) of subdivision two of  this  section  and  provided  further  that  one or more employees and their dependents proposed to be  covered by such  group  health  care  coverage  are  unrelated  to  such  officers,  directors  or  other  persons  with  a propriety or ownership  interest. If an employer participating in an employer incentive  program  hires more than twenty employees after joining the program, the employer  may  continue  in  the program but the premium costs attributable to the  additional employees  or  their  families  shall  not  be  eligible  for  incentive payments.    (c) Employers may be approved to participate in the program based upon  the  average  salaries  of  the employees who are to receive health care  coverage, with those employers with the lowest average employee salaries  to  be  selected  first  and  other  employers  to   be   eligible   for  participation as funding will allow.    (d)  Notwithstanding the provisions of this subdivision, if the number  of employers who meet the criteria established in paragraph (a) of  this  subdivision,  and  who  are  applying  for participation in the employer  subsidy program, exceeds the amount of funds available  to  an  approved  organization  to  provide  health  care  coverage to employers under the  program, the approved organization may enroll additional employers.  The  approved  organization  shall  not  receive  incentive payments for such

  employers. Enrollment of such employers  shall  not  exceed  twenty-five  percent  of  the  total  enrollment  of  employers  and their dependents  participating in the employer incentive program.    (e)  Employer  incentive programs established pursuant to this section  shall expire upon implementation of the New York  state  small  business  health  insurance  partnership program in accordance with the provisions  of article 9-A of the public health law.    4. The commissioner shall establish guidelines for the  submission  of  proposals  by eligible organizations, including, but not limited to, the  following components:    (i) standards for premiums, copayments and deductibles which  consider  the needs of program participants in obtaining health care;    (ii)  insurance or equivalent coverage mechanisms to be utilized under  the project;    (iii) minimum standards for benefits under  the  requirements  of  the  insurance law and such additional benefits as may be identified;    (iv) health care provider payment methodologies;    (v)  appropriate  utilization review and quality assurance mechanisms;  and    (vi) such other criteria which may be deemed necessary.    5. (a) A proposal submitted by an eligible organization shall meet the  following criteria:    (i) estimate the number of participants who would be eligible for  the  program  and  the estimated number of actual participants in the program  location;    (ii) designate the geographic area to be served by the program;    (iii) assure access to  and  delivery  of  high  quality,  appropriate  medical  services  and  include  a  network  of health care providers in  sufficient numbers and  geographically  accessible  to  service  program  participants;    (iv) describe the procedures for marketing and determining eligibility  for the health care coverage plan in the program location, including the  designation  of  other  entities  which may perform such functions under  contract with the organization;    (v) describe any arrangements  for  negotiated  special  payment  rate  methodologies for inpatient and outpatient services;    (vi) describe in detail the estimated expenses, including the proposed  use of subsidy or incentive payments, personnel costs and other types of  administrative  expenses  which  will be incurred in the development and  implementation of the program;    (vii) describe the quality assurance mechanisms and utilization review  mechanisms to be implemented;    (viii) demonstrate that the applicant has sought public  participation  and local involvement in the development of the program plan;    (ix) demonstrate the applicant's ability to meet the data analysis and  reporting requirements for program evaluation;    (x)  describe  the  extent  to  which the program may be replicated in  other geographic areas or on a statewide basis;    (xi) describe the benefit package to be offered in the program and the  cost of such benefit package;    (xii) comply with or demonstrate an acceptable arrangement or contract  with an organization which can meet the requirements of  section  eleven  hundred eighteen and other applicable provisions of the insurance law;    (xiii) demonstrate the financial feasibility of the program;    (xiv)  describe  the premium, copayments and deductibles to be paid by  program participants; and    (xv)  include  any  other  information  the   commissioner   and   the  superintendent shall deem appropriate.

    (b)  The  commissioner, within forty-five days of receiving a proposal  from an eligible entity, shall make a determination whether to  approve,  disapprove  or  recommend  modification  of the proposal. In order for a  proposal to be approved by the commissioner, the proposal must  also  be  approved  by  the  superintendent  with  respect  to  the  provisions of  subparagraphs (xii) through (xiv) of paragraph (a) of this  subdivision.  Upon  receiving a proposal, the commissioner shall provide a copy of the  proposal  to  the  chairman  of  the  subcommittee,  consult  with   the  subcommittee   and  receive  its  recommendation  with  regard  to  such  application.    6. The  commissioner,  in  consultation  with  the  subcommittee,  may  approve  a  supplemental  grant  program,  in addition to those programs  authorized under subdivision five of this section, to provide grants for  public  education,  outreach  and  marketing  of  health  care  coverage  targeted  at  uninsured  individuals  and  families  and  employers  not  providing coverage to their employees in any geographic  area  which  is  not  designated for regional pilot project implementation. Grants may be  used for the following:    (i) public  education  concerning  the  availability  of  health  care  coverage;    (ii)  promotion  of community awareness of the benefits of health care  coverage; and    (iii) outreach and direct recruitment of potential enrollees.    7. The commissioner is authorized  to  approve  contracts  between  an  approved  organization  and  any  other  organization  for  the purposes  including, but not  limited  to,  outreach,  marketing  and  eligibility  determination.    8.  The  commissioner  shall  determine  the  amount  of  funds  to be  allocated to an approved organization  for  the  purposes  described  in  subdivision  one  of  this  section from any funds available pursuant to  subparagraph (i) of paragraph (f) of  subdivision  nineteen  of  section  twenty-eight hundred seven-c of the public health law.    8-a.  The  commissioner,  in consultation with the superintendent, may  adjust subsidy payments and incentive payments for approved programs for  any of the following circumstances: (a) for new programs;  (b)  for  new  coverage  under  existing  programs; and (c) to be effective on the next  annual renewal date of the affected coverage for existing coverage.    9. Notwithstanding the provisions of paragraph (c) of subdivision  two  of  section two thousand eight hundred seven-c of the public health law,  approved organizations may enter into agreements for negotiated  payment  rate  methodologies  with general hospitals for inpatient and outpatient  hospital services. Such negotiated payment  rate  methodologies  in  the  case  of  inpatient  services or outpatient services shall be subject to  the approval of the commissioner, and shall not adversely affect quality  of care outcomes or  result  in  the  shifting  of  costs  of  providing  services to beneficiaries of a program to any other payor.    10.  An approved organization shall submit reports to the commissioner  in such form and at times as may be required in order  to  evaluate  the  operations and results of such program.    11.  The  commissioner,  in  consultation with the subcommittee, shall  enter  into  agreements  with  one  or  more   persons,   not-for-profit  corporations,  or  other  organizations,  other  than  a state employee,  official or agency, for the performance of a comprehensive evaluation of  the implementation and effectiveness  of  the  regional  pilot  projects  authorized  pursuant  to  this  act. The evaluation shall assess factors  including, but not limited to:    (i) the overall effect of the regional pilot projects on access to and  utilization of health care services;

    (ii) the impact of the regional pilot projects on the health status of  program participants;    (iii)   the   impact  of  using  a  negotiated  special  payment  rate  methodology on  access  to  and  quality  of  inpatient  and  outpatient  services  delivered  by general hospitals and on the functioning of such  hospitals;    (iv) the impact of using alternative insurance, financing, health care  delivery and provider  payment  models  on  the  costs  of  health  care  coverage;    (v)  the  impact  of  the  regional pilot projects on the bad debt and  charity care system and on other insurers, employment  and  health  care  delivery systems in the regional pilot project location;    (vi)  the feasibility and appropriateness of implementing the regional  pilot projects in other locations and on a statewide basis; and    (vii) the impact on the regional pilot projects of any  adjustment  of  subsidy payments or incentive payments.    An  evaluation required pursuant to this section shall be submitted to  the governor and the legislature by April 1, 1995.    12. Notwithstanding any inconsistent provision of section 112  or  163  of  the  state  finance  law  or any other law, at the discretion of the  commissioner without a competitive bid or request for proposal  process,  contractual  arrangements  with approved organizations in effect in 1993  may be extended through December 31, 1999 to  provide  an  uninterrupted  continuation of services and may be amended as may be necessary.