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

                                  4759

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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  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:
  (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,

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

S. 4759                             2

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.