S T A T E   O F   N E W   Y O R K
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                                  5756

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced  by  M.  of A. BROOK-KRASNY -- Multi-Sponsored by -- M. of A.
  ABBATE, BING, BURLING, CONTE, CROUCH, FINCH, GALEF, GLICK,  GOTTFRIED,
  GUNTHER,  HOOPER,  JAFFEE, KOLB, LANCMAN, V. LOPEZ, MAISEL, MAYERSOHN,
  McDONOUGH, McENENY, McKEVITT, PERRY, RAMOS, ROSENTHAL, SPANO, SWEENEY,
  THIELE, TOWNS, WEISENBERG, WRIGHT -- 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. 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 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]
THIRTY-SEVEN thousand FIVE HUNDRED 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]  TWELVE,  is less than or equal to
[twenty-six] SIXTY-FIVE thousand dollars.  After  the  initial  determi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08688-01-1

              

A. 5756                             2

nation  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 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] THIRTY-SEVEN thousand FIVE HUNDRED 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] TWELVE, is more than twenty-six  thou-
sand  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 2. This act shall take effect January 1, 2012.