NY State Senate Bill 2017-S4905

Senate Bill S4905

2017-2018 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 Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to aging

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2017-S4905 (ACTIVE) - Details

See Assembly Version of this Bill:: A3704
Current Committee:: Senate Aging
Law Section:: Elder Law
Laws Affected:: Amd §241, Eld L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5457, A8044
2011-2012: S122, A243
2013-2014: S345, A349
2015-2016: S146, A1190
2019-2020: A3380
2021-2022: A1459
2023-2024: A8411

2017-S4905 (ACTIVE) - Summary

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.

2017-S4905 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4905

 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 the Elder Law, section 241 (3). Defines income for
the EPIC program. Authorizes the Commissioner of Health to adopt
policies to create 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 :

2016: S.146 - REFERRED TO AGING/A.1190-reported referred to ways and
means
2105: S.146 - REFERRED TO AGING/A.1190-referred to aging
2104: S.345 - Referred to Aging/ A.349 - Reported, Referred to Ways
and Means
2013: S.345 - Reported and Committed to Finance/A.349 - Reported,
Referred to Ways and Means
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

 FINANCIAL IMPLICATION: TO STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4905 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4905
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ,  AVELLA,  LATIMER -- 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03575-01-7

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Senate Bill S4905

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Sponsored By

Ruben Diaz