S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    966
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  program  eligibility  for
   plans comparable to Medicare part D
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (f) and (h) of subdivision 3 and  subdivision  4
 of  section  242  of  the  elder  law, paragraph (f) of subdivision 3 as
 amended by section 1 of part T of chapter 56 of the laws of 2012,  para-
 graph  (h) of subdivision 3 as amended by section 3-f of part A of chap-
 ter 59 of the laws of 2011, and subdivision 4 as added by  section  12-a
 of  part  T  of  chapter  56 of the laws of 2012, are 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, OR
 ANY OTHER PUBLIC OR PRIVATE DRUG  PLAN  WHICH  HAS  SUCCESSFULLY  DEMON-
 STRATED  TO  CMS  THAT  THE COVERAGE IS AS GENEROUS AS, OR MORE GENEROUS
 THAN  THE  DEFINED  STANDARD  COVERAGE  UNDER  THE   MEDICARE   PART   D
 PRESCRIPTION  DRUG  BENEFIT, and to maintain such enrollment. For unmar-
 ried participants with individual annual income less than  or  equal  to
 twenty-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 OR COMPARABLE PLAN monthly premium that is the responsibility
 of  the  participant.  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.
   (h) The elderly pharmaceutical insurance coverage program  is  author-
 ized  to represent program participants under this title with respect to
 their Medicare part D OR COMPARABLE coverage.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03604-01-3
              

 S. 966                              2
 
   4. As a condition  of  eligibility  for  benefits  under  this  title,
 participants  must  be  enrolled  in  [medicare] MEDICARE part D, OR ANY
 OTHER PUBLIC OR PRIVATE DRUG PLAN WHICH HAS SUCCESSFULLY DEMONSTRATED TO
 CMS THAT THE COVERAGE IS AS GENEROUS  AS,  OR  MORE  GENEROUS  THAN  THE
 DEFINED  STANDARD  COVERAGE  UNDER THE MEDICARE PART D PRESCRIPTION DRUG
 BENEFIT, and maintain such enrollment. For persons who meet  the  eligi-
 bility  requirements to participate in the elderly pharmaceutical insur-
 ance coverage program, the program will pay for a drug  covered  by  the
 person's [medicare] MEDICARE part D plan OR COMPARABLE PLAN or a drug in
 a [medicare] MEDICARE part D excluded drug class, as defined in subdivi-
 sion 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-payment requirements set forth in sections two
 hundred  forty-seven  and  two  hundred  forty-eight  of  this title. No
 payment shall be made for [medicare] MEDICARE part D OR COMPARABLE  plan
 deductibles.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.