S T A T E O F N E W Y O R K
________________________________________________________________________
3697--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COLTON -- read once and referred to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the elder law, in relation to cost of living and
marriage penalty adjustments to eligibility standards for the program
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. Section 254 of the elder law is amended to read as follows:
S 254. ADJUSTMENTS. 1. Cost of living adjustment. [1.] (A) Within
amounts appropriated, the panel shall adjust the program eligibility
standards set forth in subdivision two of section two hundred forty-two
of this title to account for increases in the cost of living.
[2.] (B) The panel shall further adjust individual and joint income
categories set forth in subdivisions two and four of section two hundred
forty-eight of this title to conform to the adjustments made pursuant to
THIS subdivision [one of this section].
2. MARRIAGE PENALTY ADJUSTMENT. THE PANEL SHALL FURTHER ADJUST
INCOME, REGISTRATION FEES, DEDUCTIBLES, AND OTHER PROGRAM COMPONENTS TO
ELIMINATE THE ELIMINATION OF THE EPIC MARRIAGE PENALTY, AS FOLLOWS:
(A) FOR PURPOSES OF SUBDIVISIONS TWO AND FOUR OF SECTIONS TWO HUNDRED
FORTY-SEVEN AND TWO HUNDRED FORTY-EIGHT OF THIS TITLE, JOINT INCOME
SHALL BE DEFINED AS INCOME, AS SUCH TERM IS DEFINED IN SECTION TWO
HUNDRED FORTY-ONE OF THIS TITLE AND AS ADJUSTED PURSUANT TO SUBDIVISION
ONE OF THIS ACTION, DIVIDED BY TWO.
(B) THE QUARTERLY REGISTRATION FEE ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FORTY-SEVEN OF THIS TITLE, AND THE LIMITS ON POINT OF SALE
CO-PAYMENTS ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SUCH SECTION, AS
SUCH ITEMS MAY BE OR HAVE BEEN ADJUSTED BY THE PANEL PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS CHAPTER, FOR EACH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06339-02-9
A. 3697--A 2
MARRIED INDIVIDUAL PROGRAM PARTICIPANT SHALL BE SET AT A LEVEL THAT IS
NOT GREATER THAN THE QUARTERLY REGISTRATION FEE AND THE LIMIT ON POINT
OF SALE CO-PAYMENTS FOR UNMARRIED INDIVIDUAL PROGRAM PARTICIPANTS WHOSE
INCOME EQUALS JOINT INCOME AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION.
(C) THE ANNUAL PERSONAL COVERED DRUG EXPENDITURES FOR EACH MARRIED
INDIVIDUAL ELIGIBLE PROGRAM PARTICIPANT ESTABLISHED PURSUANT TO SECTION
TWO HUNDRED FORTY-EIGHT OF THIS TITLE AS ADJUSTED BY THE PANEL PURSUANT
TO SUBDIVISION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS CHAPTER,
SHALL BE SET BY THE PANEL AT A LEVEL WHICH IS NO GREATER THAN THE
PERSONAL COVERED DRUG EXPENDITURES FOR UNMARRIED INDIVIDUAL ELIGIBLE
PROGRAM PARTICIPANTS WHOSE INCOME, AS ADJUSTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, EQUALS JOINT INCOME AS ADJUSTED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
(D) THE LIMITS ON POINT OF SALE CO-PAYMENTS ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF SECTIONS TWO HUNDRED FORTY-SEVEN AND TWO HUNDRED
FORTY-EIGHT OF THIS TITLE, AS ADJUSTED BY THE PANEL PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS CHAPTER, FOR EACH
MARRIED INDIVIDUAL PROGRAM PARTICIPANT SHALL BE SET AT A LEVEL THAT IS
NO GREATER THAN THE LIMIT ON POINT OF SALE CO-PAYMENTS FOR UNMARRIED
INDIVIDUAL PROGRAM PARTICIPANTS WHOSE INCOME EQUALS JOINT INCOME AS
DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(E) THE PANEL SHALL MAKE THE ADJUSTMENTS REQUIRED BY THIS SUBDIVISION
ON A FOUR-YEAR SCHEDULE WHICH IT SHALL ADOPT AFTER CONSULTATION WITH THE
DIVISION OF THE BUDGET BEGINNING WITH THE FISCAL YEAR NEXT SUCCEEDING
THE DATE ON WHICH THIS SUBDIVISION SHALL HAVE BECOME EFFECTIVE.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.