S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2065
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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:
   § 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.
              

                                                            LBD05074-01-9

 A. 2065                             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.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.