senate Bill S345

2013-2014 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 cover

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to aging
Jun 04, 2013 reported and committed to finance
Jan 09, 2013 referred to aging

Votes

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Jun 4, 2013 - Aging committee Vote

S345
8
0
committee
8
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Aging Committee Vote: Jun 4, 2013

Co-Sponsors

S345 - Bill Details

See Assembly Version of this Bill:
A349
Current Committee:
Law Section:
Elder Law
Laws Affected:
Amd ยง241, Eld L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S122A, A243A
2009-2010: S5457, A8044

S345 - Bill Texts

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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.

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BILL NUMBER:S345

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 person's 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:
2012: S.122-A - Reported and Committed to Finance/A.243-A - Amend and
Recommit to Aging
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

FISCAL IMPLICATIONS 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
________________________________________________________________________

                                   345

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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.
                                                           LBD00451-01-3

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