S T A T E O F N E W Y O R K
________________________________________________________________________
841
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. KIM, LUCAS, BENEDETTO, SIMONE, HEVESI, TAYLOR,
EPSTEIN, DAVILA, LUPARDO, BICHOTTE HERMELYN, LEVENBERG, DILAN, DeSTE-
FANO, REYES -- Multi-Sponsored by -- M. of A. CHANG, WOERNER -- read
once and referred 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01879-01-5