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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	reported and committed to finance
Jan 30, 2012	print number 122a
Jan 30, 2012	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

- Jun 5, 2012 - Health Committee Vote
  S122A
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Health Committee Vote: Jun 5, 2012
      
      aye (15)
      
      Adams
      
      Ball
      
      Duane
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Peralta
      
      Rivera
      
      Seward
      
      Stewart-Cousins
      
      Young
      
      excused (2)
      
      Farley
      
      Smith
  May 3, 2011 - Health Committee Vote
  S122A
  
  Aye
  
  15
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 3, 2011
      
      aye (15)
      
      Adams
      
      Ball
      
      Duane
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Kruger
      
      Larkin
      
      Montgomery
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Farley
      
      McDonald

Bill Amendments

Original

A (Active)

2011-S122 - Details

See Assembly Version of this Bill:: A243
Current Committee:: Senate Finance
Law Section:: Elder Law
Laws Affected:: Amd §241, Eld L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5457, A8044
2013-2014: S345, A349
2015-2016: S146, A1190
2017-2018: S4905, A3704
2019-2020: A3380
2021-2022: A1459
2023-2024: A8411
2025-2026: A841, A3600

2011-S122 - 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.

2011-S122 - 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.

2011-S122 - Bill Text download pdf

                            
                    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

2011-S122A (ACTIVE) - Details

See Assembly Version of this Bill:: A243
Current Committee:: Senate Finance
Law Section:: Elder Law
Laws Affected:: Amd §241, Eld L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5457, A8044
2013-2014: S345, A349
2015-2016: S146, A1190
2017-2018: S4905, A3704
2019-2020: A3380
2021-2022: A1459
2023-2024: A8411
2025-2026: A841, A3600

2011-S122A (ACTIVE) - Summary

2011-S122A (ACTIVE) - 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.

2011-S122A (ACTIVE) - Bill 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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Senate Bill S122A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Jun 5, 2012 - Health Committee Vote

Health Committee Vote: Jun 5, 2012

May 3, 2011 - Health Committee Vote

Health Committee Vote: May 3, 2011

Bill Amendments

2011-S122 - Details

2011-S122 - Summary

2011-S122 - Sponsor Memo

2011-S122 - Bill Text download pdf

2011-S122A (ACTIVE) - Details

2011-S122A (ACTIVE) - Summary

2011-S122A (ACTIVE) - Sponsor Memo

2011-S122A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S122A

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

2011-S122 - Details

2011-S122 - Summary

2011-S122 - Sponsor Memo

2011-S122 - Bill Text download pdf

2011-S122A (ACTIVE) - Details

2011-S122A (ACTIVE) - Summary

2011-S122A (ACTIVE) - Sponsor Memo

2011-S122A (ACTIVE) - Bill Text download pdf

Comments