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.
STATE OF NEW YORK
________________________________________________________________________
122--A
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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.
LBD03235-03-2
