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A08411 Summary:

BILL NOA08411
 
SAME ASSAME AS S00716
 
SPONSORKim
 
COSPNSRMcDonald, Lucas, Benedetto, Simone, Hevesi, Taylor, Epstein, O'Donnell, Dilan, Lupardo, Bichotte Hermelyn, Levenberg, Davila, DeStefano
 
MLTSPNSRChang, Woerner
 
Amd §241, Eld L
 
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.
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A08411 Actions:

BILL NOA08411
 
12/15/2023referred to aging
01/03/2024referred to aging
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A08411 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8411
 
SPONSOR: Kim
  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 OR GENERAL IDEA OF BILL: 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 subdivision 3 of section 241'of the elder law, which defines income for the EPIC program and creates an exclusion for "nonre- curring items that would act to artificially inflate the availability of funds to meet current needs." Section 2 provides for an effective date.   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 401 K or other retirement account, an employer buyout or severance package, lottery or casino winnings, or inheritances. These onetime 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 pock- et until they are able to qualify again the following year.   PRIOR LEGISLATIVE HISTORY: 2021: A1459/Dinowitz, Referred to Aging 2019-20: A3380/Dinowitz, Referred-to Aging 2017-18: A3704/Dinowitz, Referred to WAM 2015-16: A1190/Dinowitz, Referred to Aging, WAM 2015-16: S146/Diaz, Referred to Aging, Finance 2013-14: A349/Dinowitz, Referred to Aging,WAM 2013-14: S345/Diaz, Referred to Aging, Finance 2011-12: A243A/Dinowitz, Referred to Aging 2011-12: S122A/Diaz, Referred to Finance 2009-10: A80414/Dinowitz, Referred to WAM 2009-10: S5457/Diaz, Referred to Finance.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately
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A08411 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8411
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 15, 2023
                                       ___________
 
        Introduced by M. of A. KIM -- read once and referred 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:
 
     1    Section 1. Subdivision 3 of section 241 of the elder law is amended to
     2  read as follows:
     3    3. "Income" shall mean "household gross income" as defined in the real
     4  property tax circuit breaker credit program,  pursuant  to  subparagraph
     5  [(C)]  (c) of paragraph one of subsection (e) of section six hundred six
     6  of the tax law, but only shall include the income of program  applicants
     7  and  spouses and shall exclude the income of other members of the house-
     8  hold; provided, however, that the commissioner of health may adopt poli-
     9  cies to exclude from income certain non-recurring items that  would  act
    10  to  artificially inflate the availability of funds to meet current needs
    11  including, but not limited to, a retiree's previous  year's  wages,  and
    12  non-recurring distributions from an individual retirement account.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03685-01-3
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