senate Bill S122A

2011-2012 Legislative Session

Authorizes the commissioner of health to adopt policies to exclude certain non-recurring items from income for the program for elderly pharmaceutical insurance coverage

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Jan 30, 2012 print number 122a
amend and recommit to health
Jan 04, 2012 referred to health
May 03, 2011 reported and committed to finance
Mar 31, 2011 committee discharged and committed to health
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to aging

Votes

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Jun 5, 2012 - Health committee Vote

S122A
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Health committee vote details

May 3, 2011 - Health committee Vote

S122
15
0
committee
15
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S122 - Bill Details

See Assembly Version of this Bill:
A243A
Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd §241, Eld L
Versions Introduced in 2009-2010 Legislative Session:
S5457, A8044

S122 - Bill Texts

view summary

Authorizes the commissioner of health to adopt policies to exclude certain non-recurring items from income that would artificially inflate the availability of funds to meet current needs relating to eligibility for the program for elderly pharmaceutical insurance coverage.

view sponsor memo
BILL NUMBER:S122

TITLE OF BILL: REVISED 12/30/11

An act
to amend the elder law, in relation to policies excluding certain
non-recurring items from income for purposes of the program for elderly
pharmaceutical insurance coverage

PURPOSE:

To exclude non-recurring income from the definition of "income" for
the purposes of eligibility for the EPIC program.

SUMMARY OF PROVISIONS:

Section 1 Amends subdivision 3 of section 241 of the Elder Law.
Defines income for the EPIC program. Authorizes the EPIC panel to
adopt policies to create an exclusion for "non-recurring items that
would act to artificially inflate the availability of funds to meet
current needs."

Section 2 Effective Date

EXISTING LAW:

The current EPIC statute makes no provision for the exclusion of
certain types of income.

JUSTIFICATION:

There are more than 300,000 seniors in New York State that rely on the
EPIC program for access to low cost, high quality prescription drugs.
Qualification for this program is based on income and it is fair to
say that most of the enrollees are middle class, middle income people,
and in some cases lower income people. What this legislation aims to
do is exempt non-recurring income from the definition of income for
the EPIC program. Non-recurring income can include withdrawals from a
401K or other retirement account an employer buyout or severance
package, lottery or casino winnings, or inheritances. These one time
influxes of money can inflate a persons household gross income and
take them off the EPIC program for a year and force them to pay for
drugs out of pocket until they are able to qualify again the
following year.

LEGISLATIVE HISTORY:

2011: S.122 - Reported and Committed to Finance/A.243 -
Reported, Referred to Ways and Means
2009-10: S.5457 - Reported and Committed to Finance/A.8044 -
Reported Referred to Ways and Means

FINANCIAL IMPLICATION TO STATE AND LOCAL GOVERNMENTS:

To be determined.


EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   122

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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 policies excluding certain
  non-recurring items from income for purposes of the program for elder-
  ly pharmaceutical insurance coverage

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

  Section 1. Subdivision 3 of section 241 of the elder law is amended to
read as follows:
  3. "Income" shall mean "household gross income" as defined in the real
property  tax  circuit  breaker credit program, pursuant to subparagraph
[(C)] (C) of paragraph one of subsection (e) of section six hundred  six
of  the tax law, but only shall include the income of program applicants
and spouses and shall exclude the income of other members of the  house-
hold;  PROVIDED,  HOWEVER,  THAT THE PANEL MAY ADOPT POLICIES TO EXCLUDE
FROM INCOME CERTAIN NON-RECURRING ITEMS THAT WOULD ACT  TO  ARTIFICIALLY
INFLATE  THE  AVAILABILITY OF FUNDS TO MEET CURRENT NEEDS INCLUDING, BUT
NOT LIMITED TO, A RETIREE'S PREVIOUS  YEAR'S  WAGES,  AND  NON-RECURRING
DISTRIBUTIONS FROM AN INDIVIDUAL RETIREMENT ACCOUNT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03235-01-1

S122A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A243A
Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd §241, Eld L
Versions Introduced in 2009-2010 Legislative Session:
S5457, A8044

S122A (ACTIVE) - Bill Texts

view summary

Authorizes the commissioner of health to adopt policies to exclude certain non-recurring items from income that would artificially inflate the availability of funds to meet current needs relating to eligibility for the program for elderly pharmaceutical insurance coverage.

view sponsor memo
BILL NUMBER:S122A

TITLE OF BILL:
An act
to amend the elder law, in relation to policies excluding certain
non-recurring items from income for purposes of the program for elderly
pharmaceutical insurance coverage

PURPOSE:
To exclude non-recurring income from the definition of "income" for
the purposes of eligibility for the EPIC program.

SUMMARY OF PROVISIONS:
Section 1 - Amends subdivision 3 of section 241 of the Elder Law.
Defines income for the EPIC program. Authorizes the Commissioner of
Health to adopt policies to create an exclusion for "non-recurring
items that would act to artificially inflate the availability of
funds to meet current needs."

Section 2 - Effective Date

EXISTING LAW:
The current EPIC statute makes no provision for the exclusion of
certain types of income.

JUSTIFICATION:
There are more than 300,000 seniors in New York State that rely on the
EPIC program for access to low cost, high quality prescription drugs.
Qualification for this program is based on income and it is fair to
say that most of the enrollees are middle class, middle income
people, and in some cases lower income people. What this legislation
aims to do is exempt non-recurring income from the definition of
income for the EPIC program. Non-recurring income can include
withdrawals from a 401K or other retirement account an employer
buyout or severance package, lottery or casino winnings or
inheritances. These one-time influxes of money can inflate a persons
household gross income and take them off the EPIC program for a year
and force them to pay for drugs out of pocket until they are able to
qualify again the following year.

LEGISLATIVE HISTORY:
2011: S.122 - Reported and Committed to Finance/A.243 - Reported,
Referred to Ways and Means
2009-10: S.5457 - Reported and Committed
to Finance/A.8044 - Reported Referred to Ways and Means

FINANCIAL IMPLICATION TO STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 122--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Aging  --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the elder law, in relation to policies excluding certain
  non-recurring items from income for purposes of the program for elder-
  ly pharmaceutical insurance coverage

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

  Section 1. Subdivision 3 of section 241 of the elder law is amended to
read as follows:
  3. "Income" shall mean "household gross income" as defined in the real
property tax circuit breaker credit program,  pursuant  to  subparagraph
[(C)]  (C) of paragraph one of subsection (e) of section six hundred six
of the tax law, but only shall include the income of program  applicants
and  spouses and shall exclude the income of other members of the house-
hold; PROVIDED, HOWEVER, THAT THE COMMISSIONER OF HEALTH MAY ADOPT POLI-
CIES TO EXCLUDE FROM INCOME CERTAIN NON-RECURRING ITEMS THAT  WOULD  ACT
TO  ARTIFICIALLY INFLATE THE AVAILABILITY OF FUNDS TO MEET CURRENT NEEDS
INCLUDING, BUT NOT LIMITED TO, A RETIREE'S PREVIOUS  YEAR'S  WAGES,  AND
NON-RECURRING DISTRIBUTIONS FROM AN INDIVIDUAL RETIREMENT ACCOUNT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03235-03-2

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