S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3267
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A. RA, BRABENEC -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to establishing a cancer treat-
   ment credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ooo) to read as follows:
   (OOO) CANCER TREATMENT CREDIT. (1) TAXPAYERS DIAGNOSED WITH CANCER, OR
 WITH DEPENDENT CHILDREN DIAGNOSED WITH CANCER, SHALL  RECEIVE  A  CREDIT
 AGAINST THE TAX IMPOSED BY THIS ARTICLE AFTER DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-THREE FOR MEDICAL EXPENSES RELATING TO CANCER TREATMENT.
   (2)  MEDICAL  EXPENSES  ARE  TO  INCLUDE THE COSTS OF DIAGNOSIS, CURE,
 MITIGATION, TREATMENT, AND PREVENTION OF CANCER. THESE EXPENSES ARE ALSO
 TO INCLUDE PAYMENTS FOR LEGAL MEDICAL SERVICES OFFERED BY MEDICAL  PRAC-
 TITIONERS.  THESE  EXPENSES  ARE  ALSO TO INCLUDE BUT NOT BE LIMITED TO:
 INSURANCE DEDUCTIBLES, NON-COVERED PRESCRIPTION MEDICATION, WIGS,  PROS-
 THETIC  DEVICES,  AND  OTHER OUT OF POCKET EXPENSES IF SUCH EXPENSES ARE
 REQUIRED BECAUSE THE TAXPAYER OR THEIR DEPENDENT CHILD  HAS  BEEN  DIAG-
 NOSED BY A PHYSICIAN AS HAVING CANCER.
   (3) THE CREDIT SHALL BE FOR SUCH EXPENSES MADE DURING THE TAXABLE YEAR
 PER  TAXPAYER  AND/OR  CHILD DIAGNOSED WITH CANCER AND THE AMOUNT OF THE
 CREDIT SHALL BE NOT MORE THAN FIVE HUNDRED DOLLARS.
   (4) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
 TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07287-01-3