senate Bill S2380

Makes certain persons who are eligible for or receiving social security disability insurance benefits eligible for elderly pharmaceutical insurance coverage

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Jan / 2011
    • REFERRED TO AGING
  • 14 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO AGING

Summary

Makes certain persons (meeting certain income requirements) who are eligible for or receiving social security disability insurance (SSDI) benefits eligible for elderly pharmaceutical insurance coverage.

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Bill Details

Versions:
S2380
Legislative Cycle:
2011-2012
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Amd ยง242, Eld L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3056A
2007-2008: S2644B

Votes

10
0
10
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S2380

TITLE OF BILL:
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

PURPOSE:
This bill would add low-income disabled persons to the list of persons
eligible to receive benefits from New York's (EPIC) program.

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivisions 1 and 2 of section 242 of the elder law to add
persons who are eligible for or receiving social security disability
insurance (SSDI) to the list of eligible participants in the EPIC
program.

JUSTIFICATION:
The EPIC program which offers prescription drug assistance has proven
helpful to many senior citizens who face high costs for
pharmaceuticals, but do not qualify for Medicaid. In recent years,
many programs originally designed to benefit senior citizens -
ranging from Social Security to real property tax reductions - have
been extended to cover disabled persons. This bill recognizes that
through no fault of their own, disabled persons may experience
similar limitations on their ability to independently earn a living
as do elderly citizens.

Advances in pharmaceuticals have also increased their importance in
helping disabled persons remain active in their community. Yet, faced
with severe income limitations, declining availability of
employer-paid health insurance and caps on prescription coverage
which are increasingly being implemented by health insurers, many
disabled individuals are unable to afford the pharmaceuticals which
may be essential to their health. This bill would follow clear
precedent in other programs by extending the EPIC program to include
low-income disabled individuals.

PRIOR LEGISLATIVE HISTORY:
S.3056/A.3917 of 2009-10; S.2644/A.5178 of 2007-08

FISCAL IMPACT:
To be determined.

EFFECTIVE DATE:
On the one hundred twentieth day after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2380

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC, DeFRANCISCO, FUSCHILLO, GOLDEN,
  HANNON, LANZA, LARKIN, MAZIARZ, O'MARA, RANZENHOFER -- read twice  and
  ordered  printed, and when printed to be committed 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] TWELVE, is  less  than  or  equal  to
twenty  thousand dollars.   After the initial determination of eligibil-
ity, 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] TWELVE, is less  than
or equal to twenty-six thousand dollars. After the initial determination

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05763-01-1

S. 2380                             2

of  eligibility,  each eligible individual must be redetermined eligible
at least every twenty-four months.
  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] TWELVE, is more than twenty thousand
and less than or  equal  to  thirty-five  thousand  dollars.  After  the
initial  determination  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] TWELVE, 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 on the one hundred twentieth day after
it shall have become a law.

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