S T A T E   O F   N E W   Y O R K
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                                  2380

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  BONACIC, DeFRANCISCO, FUSCHILLO, GOLDEN,
  HANNON, LANZA, LARKIN, MAZIARZ, O'MARA, RANZENHOFER -- 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] TWELVE, is  less  than  or  equal  to
twenty  thousand dollars.   After the initial determination of eligibil-
ity, 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] TWELVE, is less  than
or equal to twenty-six thousand dollars. After the initial determination

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05763-01-1

              

S. 2380                             2

of  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] TWELVE, is more than twenty thousand
and less than or  equal  to  thirty-five  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,  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] TWELVE, 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 on the one hundred twentieth day after
it shall have become a law.