Assembly Overrides Pataki Veto of Bill Aimed at Ensuring Prescription Drug Access to Seniors and Low Income New Yorkers

Confusion and Mismanagement Of New Federal Medicare Initiative Necessitates State Action

Speaker Sheldon Silver today announced the Assembly's unanimous override of Governor George Pataki's veto of emergency legislation responding to the crisis created by the newly implemented federal Medicare prescription drug program (Part D).

Silver explained that the veto could result in the possibility of 600,000 low-income elderly and disabled New Yorkers being wrongfully denied access to life-saving prescription drugs.

"The governor's veto of this vital legislation is yet another example of how out-of-touch the governor is to needs and concerns of New Yorkers," said Silver, who noted that the governor's veto occurred as he was campaigning in Iowa. "I'm not sure how Iowa is coping with this problem, but here in New York, seniors and those who care and advocate for them deserve to know that there is a concrete assurance that necessary prescriptions will be filled and paid for."

"The veto is a slap in the face to tens of thousands of senior citizens who have fallen through the cracks of Part D through no fault of their own," said Assembly Health Committee Chair Richard N. Gottfried. "The governor thinks if Medicare is going to stop reimbursing the state, then he's prepared to let low-income senior citizens go without their medication. I think the state has a responsibility to step in rather than let that happen."

Under the Gottfried/Silver legislation (A.9462), New York State would simply step in and pay drug claims for disabled and low-income elderly until problems with the federal program are fixed. Once the problems are corrected, the state will bill the federal government and the various drug plans for costs incurred. The legislators explained that while the administration has provided a stop-gap answer by way of executive orders, advocates and pharmacists believe strongly that a statutory solution is needed to ensure continuation of coverage and reimbursement.

"The Assembly is once again coming forward to stand up for New York's most vulnerable population," said Assembly Aging Committee Chair Steve Englebright. "This bill ensures that New York's low-income seniors and disabled are not turned away from receiving the prescription drugs they are entitled to receive under the law. I urge the Senate to join us in overriding this vital bill."

Silver explained that seniors and disabled individuals who had formerly received their prescription coverage through Medicaid were now required to receive their prescriptions through Medicare Part D, a new federal program that began last month. Individuals who did not sign up for a Medicare prescription drug plan offered under the program were to be automatically enrolled in one of fifteen plans.

However, Silver noted, administrative chaos has ensued, with reports that health insurance plans were not notified of their new enrollees and enrollees were not being provided with proof of coverage.

Additionally, some of those who were automatically enrolled into a plan have found the assigned plans to be too expensive or they do not cover their specific prescription needs.

"This new Medicare Part D program has been nothing short of an administrative disaster," said Silver. "First, the federal government created an overall system that is astonishingly confusing. And now, they have actually risked the health and well-being of poor and disabled Americans by totally mishandling the conversion of coverage from Medicaid to Medicare."

In addition to the human toll exacted by this public health crisis, Silver explained that the debacle will also result in costly financial hits to state and local governments. He also cited nationwide press reports of some elderly and sick individuals going without needed medication or being told to seek emergency room care in order to access needed prescription drugs.

"Either of these options would surely exacerbate this public-health crisis, leading to additional costs that New York's hospitals and state and local governments cannot afford," said Silver.