A08411 Summary:
BILL NO | A08411 |
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SAME AS | SAME AS S00716 |
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SPONSOR | Kim |
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COSPNSR | McDonald, Lucas, Benedetto, Simone, Hevesi, Taylor, Epstein, O'Donnell, Dilan, Lupardo, Bichotte Hermelyn, Levenberg, Davila, DeStefano |
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MLTSPNSR | Chang, Woerner |
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Amd §241, Eld L | |
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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. |
A08411 Actions:
BILL NO | A08411 | |||||||||||||||||||||||||||||||||||||||||||||||||
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12/15/2023 | referred to aging | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to aging |
A08411 Memo:
Go to topNEW 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
A08411 Text:
Go to top 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