Senate Bill S10739

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10739
 
                             I N  S E N A T E
 
                             November 13, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the elder  law,  in  relation  to  eligibility  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. Paragraph (f) of subdivision 3 of section 242 of the  elder
 law,  as  amended  by  section  1 of part T of chapter 56 of the laws of
 2012, is amended to read as follows:
   (f) As a condition of eligibility for benefits  under  this  title,  a
 program  participant  is  required  to be enrolled in Medicare part D IF
 ELIGIBLE and to maintain such  enrollment  IF  ELIGIBLE.  For  unmarried
 participants  with  individual annual income less than or equal to twen-
 ty-three thousand dollars and married  participants  with  joint  annual
 income  less  than or equal to twenty-nine thousand dollars, the elderly
 pharmaceutical insurance coverage program shall pay for the  portion  of
 the  part  D  monthly  premium that is the responsibility of the partic-
 ipant. Such payment shall be limited to the low-income benchmark premium
 amount established by the federal  centers  for  medicare  and  medicaid
 services and any other amount which such agency establishes under its de
 minimus premium policy.
   §  2.  Subdivision  4  of  section  242  of the elder law, as added by
 section 12-a of part T of chapter 56 of the laws of 2012, is amended  to
 read as follows:
   4.  As  a  condition  of  eligibility  for  benefits under this title,
 participants must be enrolled in medicare part D IF ELIGIBLE  and  main-
 tain  such  enrollment IF ELIGIBLE. For persons who meet the eligibility
 requirements to participate  in  the  elderly  pharmaceutical  insurance
 coverage  program,  the  program  will  pay  for  a  drug covered by the
 person's medicare part D plan or a drug in a medicare  part  D  excluded
 drug  class,  as  defined  in  subdivision  eight of section two hundred
 forty-one of this title, provided that such drug is a covered  drug,  as
 defined  in  subdivision  one  of  section two hundred forty-one of this
 title, and that the participant complies with the point of sale  co-pay-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16545-01-6
 S. 10739                            2
 
 ment  requirements set forth in sections two hundred forty-seven and two
 hundred forty-eight of this title. No payment shall be made for medicare
 part D plan deductibles.
   § 3. This act shall take effect April 1, 2027.