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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1190
SPONSOR: Dinowitz (MS)
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 SPECIFIC 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 "non-
recurring items that would act to artificially inflate the availability
of funds to meet current needs."
Section 2 provides for an effective date.
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 one time 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:
2013-14: A.349 - Referred to Ways and Means/S.345- Reported to Finance
2011-12- A.243A - Referred to Aging/S.122A- Reported to Finance
2009-10: A.80414 - Reported to Ways and Means/S.5457- Reported to
To be determined
This act shall take effect immediately
STATE OF NEW YORK
2015-2016 Regular Sessions
January 8, 2015
Introduced by M. of A. DINOWITZ, RIVERA, CRESPO, BROOK-KRASNY -- Multi-
Sponsored by -- M. of A. ROBINSON -- 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.