STATE OF NEW YORK
________________________________________________________________________
2609
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COLTON -- read once and referred to the Committee on Aging
AN ACT to amend the elder law, in relation to cost of living and
marriage penalty adjustments to eligibility standards for the program
for elderly pharmaceutical insurance coverage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 254 of the elder law, as amended by section 19 of
2 part T of chapter 56 of the laws of 2012, is amended to read as follows:
3 § 254. Adjustments. 1. Cost of living adjustment. [1.] (a) Within
4 amounts appropriated, the commissioner of health shall adjust the
5 program eligibility standards set forth in subdivision two of section
6 two hundred forty-two of this title to account for increases in the cost
7 of living.
8 [2.] (b) The commissioner shall further adjust individual and joint
9 income categories set forth in subdivisions two and four of section two
10 hundred forty-eight of this title to conform to the adjustments made
11 pursuant to this subdivision [one of this section].
12 2. Marriage penalty adjustment. The commissioner shall further adjust
13 income, registration fees, deductibles, and other program components to
14 eliminate the EPIC marriage penalty, as follows:
15 (a) For purposes of subdivisions two and four of sections two hundred
16 forty-seven and two hundred forty-eight of this title, joint income
17 shall be defined as income, as such term is defined in section two
18 hundred forty-one of this title and as adjusted pursuant to subdivision
19 one of this section, divided by two.
20 (b) The quarterly registration fee established pursuant to section two
21 hundred forty-seven of this title, and the limits on point of sale
22 co-payments established pursuant to subdivision four of such section, as
23 such items may be or have been adjusted by the commissioner pursuant to
24 subdivision one of this section and other sections of this chapter, for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06498-01-5
A. 2609 2
1 each married individual program participant shall be set at a level that
2 is not greater than the quarterly registration fee and the limit on
3 point of sale co-payments for unmarried individual program participants
4 whose income equals joint income as defined in paragraph (a) of this
5 subdivision.
6 (c) The annual personal covered drug expenditures for each married
7 individual eligible program participant established pursuant to section
8 two hundred forty-eight of this title as adjusted by the commissioner
9 pursuant to subdivision one of this section and other sections of this
10 chapter, shall be set by the commissioner at a level which is no greater
11 than the personal covered drug expenditures for unmarried individual
12 eligible program participants whose income, as adjusted pursuant to
13 subdivision one of this section, equals joint income as adjusted pursu-
14 ant to paragraph (a) of this subdivision.
15 (d) The limits on point of sale co-payments established pursuant to
16 subdivision four of sections two hundred forty-seven and two hundred
17 forty-eight of this title, as adjusted by the commissioner pursuant to
18 subdivision one of this section and other sections of this chapter, for
19 each married individual program participant shall be set at a level that
20 is no greater than the limit on point of sale co-payments for unmarried
21 individual program participants whose income equals joint income as
22 defined in paragraph (a) of this subdivision.
23 (e) The commissioner shall make the adjustments required by this
24 subdivision on a four-year schedule which he or she shall adopt after
25 consultation with the division of the budget beginning with the fiscal
26 year next succeeding the date on which this subdivision shall have
27 become effective.
28 § 2. This act shall take effect on the first of April next succeeding
29 the date on which it shall have become a law.