S T A T E   O F   N E W   Y O R K
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                                  6947

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2011
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Aging

AN ACT to amend the elder law, in relation to making certain persons who
  are  eligible  for  or  receiving social security disability insurance
  benefits eligible for elderly pharmaceutical insurance coverage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 242 of the elder law, para-
graph  (b)  of subdivision 1 and paragraphs (a) and (b) of subdivision 2
as amended by section 14 of part B of chapter 57 of the  laws  of  2006,
are amended to read as follows:
  1.  Persons  eligible  for  comprehensive  coverage  under section two
hundred forty-seven of this title shall include:
  (a) any unmarried resident who is at least sixty-five years of age, OR
ELIGIBLE FOR OR RECEIVING SOCIAL SECURITY  DISABILITY  INSURANCE  (SSDI)
BENEFITS,  and  whose income for the calendar year immediately preceding
the effective date of the annual coverage period beginning on  or  after
January  first, two thousand five, is less than or equal to twenty thou-
sand dollars.   After the initial  determination  of  eligibility,  each
eligible  individual  must be redetermined eligible at least every twen-
ty-four months; and
  (b) any married resident who is at least sixty-five years of  age,  OR
ELIGIBLE  FOR  OR  RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
BENEFITS, and whose income for the calendar year  immediately  preceding
the  effective date of the annual coverage period when combined with the
income in the same calendar year of such married person's spouse  begin-
ning  on or after January first, two thousand one, is less than or equal
to twenty-six thousand  dollars.  After  the  initial  determination  of
eligibility,  each  eligible individual must be redetermined eligible at
least every twenty-four months.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04345-01-1

              

A. 6947                             2

  2. Persons  eligible  for  catastrophic  coverage  under  section  two
hundred forty-eight of this title shall include:
  (a) any unmarried resident who is at least sixty-five years of age, OR
ELIGIBLE  FOR  OR  RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
BENEFITS, and whose income for the calendar year  immediately  preceding
the  effective  date of the annual coverage period beginning on or after
January first, two thousand one, is more than twenty thousand  and  less
than  or equal to thirty-five thousand dollars. After the initial deter-
mination of eligibility, each eligible individual must  be  redetermined
eligible at least every twenty-four months; and
  (b)  any  married resident who is at least sixty-five years of age, OR
ELIGIBLE FOR OR RECEIVING SOCIAL SECURITY  DISABILITY  INSURANCE  (SSDI)
BENEFITS,  and  whose income for the calendar year immediately preceding
the effective date of the annual coverage period when combined with  the
income  in the same calendar year of such married person's spouse begin-
ning on or after January first, two thousand one, is more  than  twenty-
six  thousand  dollars and less than or equal to fifty thousand dollars.
After the initial determination of eligibility, each eligible individual
must be redetermined eligible at least every twenty-four months.
  S 2. This act shall take effect immediately and shall apply  to  bene-
fits  paid  on  or  after such effective date. Effective immediately the
executive director of  the  elderly  pharmaceutical  insurance  coverage
panel  may promulgate any rules and regulations necessary for the imple-
mentation of this act.