S T A T E O F N E W Y O R K
________________________________________________________________________
5050
2013-2014 Regular Sessions
I N A S S E M B L Y
February 14, 2013
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Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COLTON -- read once and referred to the Committee on Aging
AN ACT to amend the elder law, in relation to cost of living and
marriage penalty adjustments to eligibility standards for the program
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. Section 254 of the elder law, as amended by section 19 of
part T of chapter 56 of the laws of 2012, is amended to read as follows:
S 254. ADJUSTMENTS. 1. Cost of living adjustment. [1.] (A) Within
amounts appropriated, the commissioner of health shall adjust the
program eligibility standards set forth in subdivision two of section
two hundred forty-two of this title to account for increases in the cost
of living.
[2.] (B) The commissioner shall further adjust individual and joint
income categories set forth in subdivisions two and four of section two
hundred forty-eight of this title to conform to the adjustments made
pursuant to THIS subdivision [one of this section].
2. MARRIAGE PENALTY ADJUSTMENT. THE COMMISSIONER SHALL FURTHER ADJUST
INCOME, REGISTRATION FEES, DEDUCTIBLES, AND OTHER PROGRAM COMPONENTS TO
ELIMINATE THE EPIC MARRIAGE PENALTY, AS FOLLOWS:
(A) FOR PURPOSES OF SUBDIVISIONS TWO AND FOUR OF SECTIONS TWO HUNDRED
FORTY-SEVEN AND TWO HUNDRED FORTY-EIGHT OF THIS TITLE, JOINT INCOME
SHALL BE DEFINED AS INCOME, AS SUCH TERM IS DEFINED IN SECTION TWO
HUNDRED FORTY-ONE OF THIS TITLE AND AS ADJUSTED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, DIVIDED BY TWO.
(B) THE QUARTERLY REGISTRATION FEE ESTABLISHED PURSUANT TO SECTION TWO
HUNDRED FORTY-SEVEN OF THIS TITLE, AND THE LIMITS ON POINT OF SALE
CO-PAYMENTS ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SUCH SECTION, AS
SUCH ITEMS MAY BE OR HAVE BEEN ADJUSTED BY THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS CHAPTER, FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07388-02-3
A. 5050 2
EACH MARRIED INDIVIDUAL PROGRAM PARTICIPANT SHALL BE SET AT A LEVEL THAT
IS NOT GREATER THAN THE QUARTERLY REGISTRATION FEE AND THE LIMIT ON
POINT OF SALE CO-PAYMENTS FOR UNMARRIED INDIVIDUAL PROGRAM PARTICIPANTS
WHOSE INCOME EQUALS JOINT INCOME AS DEFINED IN PARAGRAPH (A) OF THIS
SUBDIVISION.
(C) THE ANNUAL PERSONAL COVERED DRUG EXPENDITURES FOR EACH MARRIED
INDIVIDUAL ELIGIBLE PROGRAM PARTICIPANT ESTABLISHED PURSUANT TO SECTION
TWO HUNDRED FORTY-EIGHT OF THIS TITLE AS ADJUSTED BY THE COMMISSIONER
PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS
CHAPTER, SHALL BE SET BY THE COMMISSIONER AT A LEVEL WHICH IS NO GREATER
THAN THE PERSONAL COVERED DRUG EXPENDITURES FOR UNMARRIED INDIVIDUAL
ELIGIBLE PROGRAM PARTICIPANTS WHOSE INCOME, AS ADJUSTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, EQUALS JOINT INCOME AS ADJUSTED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
(D) THE LIMITS ON POINT OF SALE CO-PAYMENTS ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF SECTIONS TWO HUNDRED FORTY-SEVEN AND TWO HUNDRED
FORTY-EIGHT OF THIS TITLE, AS ADJUSTED BY THE COMMISSIONER PURSUANT TO
SUBDIVISION ONE OF THIS SECTION AND OTHER SECTIONS OF THIS CHAPTER, FOR
EACH MARRIED INDIVIDUAL PROGRAM PARTICIPANT SHALL BE SET AT A LEVEL THAT
IS NO GREATER THAN THE LIMIT ON POINT OF SALE CO-PAYMENTS FOR UNMARRIED
INDIVIDUAL PROGRAM PARTICIPANTS WHOSE INCOME EQUALS JOINT INCOME AS
DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(E) THE COMMISSIONER SHALL MAKE THE ADJUSTMENTS REQUIRED BY THIS
SUBDIVISION ON A FOUR-YEAR SCHEDULE WHICH HE OR SHE SHALL ADOPT AFTER
CONSULTATION WITH THE DIVISION OF THE BUDGET BEGINNING WITH THE FISCAL
YEAR NEXT SUCCEEDING THE DATE ON WHICH THIS SUBDIVISION SHALL HAVE
BECOME EFFECTIVE.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.