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

                                  1840

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by Sens. KLEIN, ADAMS, BRESLIN, DIAZ, DILAN, DUANE, HASSELL-
  THOMPSON, HUNTLEY,  KRUEGER,  KRUGER,  ONORATO,  OPPENHEIMER,  PARKER,
  SAVINO,  SCHNEIDERMAN, SERRANO, SMITH, STAVISKY, VALESKY -- 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02890-01-9
              

S. 1840                             2

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, 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.