S T A T E   O F   N E W   Y O R K
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                                  5050

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2013
                               ___________

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.