S T A T E   O F   N E W   Y O R K
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                                  3916

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. KOON, PHEFFER, DINOWITZ, V. LOPEZ, SCHIMMINGER,
  ZEBROWSKI, ESPAILLAT -- Multi-Sponsored by -- M. of A. ABBATE, COLTON,
  COOK, HOOPER, JOHN, LAVINE, MAGEE, MAYERSOHN, REILLY, ROBINSON,  SWEE-
  NEY -- read once and referred to the Committee on Aging

AN  ACT  to  amend  the  elder law, in relation to increasing the income
  levels for eligible participants in the elderly pharmaceutical  insur-
  ance coverage program (EPIC)

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section  242  of
the elder law, paragraph (b) as amended by section 14 of part B of chap-
ter 57 of the laws of 2006, are amended to read as follows:
  (a) any unmarried resident who is at least sixty-five years of age 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] FORTY-TWO 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  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 beginning on or after
January  first,  two thousand one, is less than or equal to [twenty-six]
SIXTY-FIVE thousand dollars. After the initial determination  of  eligi-
bility,  each eligible individual must be redetermined eligible at least
every twenty-four months.
  S 2. Paragraphs (a) and (b) of subdivision 2 of  section  242  of  the
elder law,  as amended by section 14 of part B of chapter 57 of the laws
of 2006, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00724-01-9

              

A. 3916                             2

  (a) any unmarried resident who is at least sixty-five years of age 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]  FORTY-TWO  thousand  dollars.  After the initial determi-
nation 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 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 beginning on or after
January first, two  thousand  one,  is  more  than  twenty-six  thousand
dollars  and  less than or equal to [fifty] SIXTY-FIVE thousand dollars.
After the initial determination of eligibility, each eligible individual
must be redetermined eligible at least every twenty-four months.
  S 3. This act shall take effect immediately.