STATE OF NEW YORK
________________________________________________________________________
10739
IN SENATE
November 13, 2026
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the elder law, in relation to eligibility 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. Paragraph (f) of subdivision 3 of section 242 of the elder
2 law, as amended by section 1 of part T of chapter 56 of the laws of
3 2012, is amended to read as follows:
4 (f) As a condition of eligibility for benefits under this title, a
5 program participant is required to be enrolled in Medicare part D if
6 eligible and to maintain such enrollment if eligible. For unmarried
7 participants with individual annual income less than or equal to twen-
8 ty-three thousand dollars and married participants with joint annual
9 income less than or equal to twenty-nine thousand dollars, the elderly
10 pharmaceutical insurance coverage program shall pay for the portion of
11 the part D monthly premium that is the responsibility of the partic-
12 ipant. Such payment shall be limited to the low-income benchmark premium
13 amount established by the federal centers for medicare and medicaid
14 services and any other amount which such agency establishes under its de
15 minimus premium policy.
16 § 2. Subdivision 4 of section 242 of the elder law, as added by
17 section 12-a of part T of chapter 56 of the laws of 2012, is amended to
18 read as follows:
19 4. As a condition of eligibility for benefits under this title,
20 participants must be enrolled in medicare part D if eligible and main-
21 tain such enrollment if eligible. For persons who meet the eligibility
22 requirements to participate in the elderly pharmaceutical insurance
23 coverage program, the program will pay for a drug covered by the
24 person's medicare part D plan or a drug in a medicare part D excluded
25 drug class, as defined in subdivision eight of section two hundred
26 forty-one of this title, provided that such drug is a covered drug, as
27 defined in subdivision one of section two hundred forty-one of this
28 title, and that the participant complies with the point of sale co-pay-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16545-01-6
S. 10739 2
1 ment requirements set forth in sections two hundred forty-seven and two
2 hundred forty-eight of this title. No payment shall be made for medicare
3 part D plan deductibles.
4 § 3. This act shall take effect April 1, 2027.
