STATE OF NEW YORK
________________________________________________________________________
5644
2009-2010 Regular Sessions
IN SENATE
May 26, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to eligibility levels in the
elderly pharmaceutical insurance coverage program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 242 of the elder law, para-
2 graph (b) of subdivision 1 and paragraphs (a) and (b) of subdivision 2
3 as amended by section 14 of part B of chapter 57 of the laws of 2006,
4 are amended to read as follows:
5 1. Persons eligible for comprehensive coverage under section two
6 hundred forty-seven of this title shall include:
7 (a) any unmarried resident who is at least sixty-five years of age, or
8 eligible for or receiving social security disability insurance (SSDI)
9 benefits, and whose income for the calendar year immediately preceding
10 the effective date of the annual coverage period beginning on or after
11 January first, two thousand [five] ten, is less than or equal to twenty
12 thousand dollars. After the initial determination of eligibility, each
13 eligible individual must be redetermined eligible at least every twen-
14 ty-four months; and
15 (b) any married resident who is at least sixty-five years of age, or
16 eligible for or receiving social security disability insurance (SSDI)
17 benefits, and whose income for the calendar year immediately preceding
18 the effective date of the annual coverage period when combined with the
19 income in the same calendar year of such married person's spouse begin-
20 ning on or after January first, two thousand [one] ten, is less than or
21 equal to twenty-six thousand dollars. After the initial determination of
22 eligibility, each eligible individual must be redetermined eligible at
23 least every twenty-four months.
24 2. Persons eligible for catastrophic coverage under section two
25 hundred forty-eight of this title shall include:
26 (a) any unmarried resident who is at least sixty-five years of age, or
27 eligible for or receiving social security disability insurance (SSDI)
28 benefits, and whose income for the calendar year immediately preceding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14014-01-9
S. 5644 2
1 the effective date of the annual coverage period beginning on or after
2 January first, two thousand [one] ten, is more than twenty thousand and
3 less than or equal to [thirty-five] fifty thousand dollars. After the
4 initial determination of eligibility, each eligible individual must be
5 redetermined eligible at least every twenty-four months; and
6 (b) any married resident who is at least sixty-five years of age, or
7 eligible for or receiving social security disability insurance (SSDI)
8 benefits, and whose income for the calendar year immediately preceding
9 the effective date of the annual coverage period when combined with the
10 income in the same calendar year of such married person's spouse begin-
11 ning on or after January first, two thousand [one] ten, is more than
12 twenty-six thousand dollars and less than or equal to [fifty] seventy-
13 five thousand dollars. After the initial determination of eligibility,
14 each eligible individual must be redetermined eligible at least every
15 twenty-four months.
16 § 2. Paragraphs (a) and (b) of subdivision 2 of section 248 of the
17 elder law are amended to read as follows:
18 (a) Annual personal covered drug expenditures for unmarried individual
19 eligible program participants:
20 individual income of $20,001 to $21,000.......................... $530
21 individual income of $21,001 to $22,000.......................... $550
22 individual income of $22,001 to $23,000.......................... $580
23 individual income of $23,001 to $24,000.......................... $720
24 individual income of $24,001 to $25,000.......................... $750
25 individual income of $25,001 to $26,000.......................... $780
26 individual income of $26,001 to $27,000.......................... $810
27 individual income of $27,001 to $28,000.......................... $840
28 individual income of $28,001 to $29,000.......................... $870
29 individual income of $29,001 to $30,000.......................... $900
30 individual income of $30,001 to $31,000.......................... $930
31 individual income of $31,001 to $32,000.......................... $960
32 individual income of $32,001 to $33,000........................ $1,160
33 individual income of $33,001 to $34,000........................ $1,190
34 individual income of $34,001 to [$35,000]
35 $50,000 ...................... $1,230
36 (b) Annual personal covered drug expenditures for each married indi-
37 vidual eligible program participant:
38 joint income of $26,001 to $27,000............................... $650
39 joint income of $27,001 to $28,000............................... $675
40 joint income of $28,001 to $29,000............................... $700
41 joint income of $29,001 to $30,000............................... $725
42 joint income of $30,001 to $31,000............................... $900
43 joint income of $31,001 to $32,000............................... $930
44 joint income of $32,001 to $33,000............................... $960
45 joint income of $33,001 to $34,000............................... $990
46 joint income of $34,001 to $35,000............................. $1,020
47 joint income of $35,001 to $36,000............................. $1,050
48 joint income of $36,001 to $37,000............................. $1,080
49 joint income of $37,001 to $38,000............................. $1,110
50 joint income of $38,001 to $39,000............................. $1,140
51 joint income of $39,001 to $40,000............................. $1,170
52 joint income of $40,001 to $41,000............................. $1,200
53 joint income of $41,001 to $42,000............................. $1,230
54 joint income of $42,001 to $43,000............................. $1,260
55 joint income of $43,001 to $44,000............................. $1,290
56 joint income of $44,001 to $45,000............................. $1,320
S. 5644 3
1 joint income of $45,001 to $46,000............................. $1,575
2 joint income of $46,001 to $47,000............................. $1,610
3 joint income of $47,001 to $48,000............................. $1,645
4 joint income of $48,001 to $49,000............................. $1,680
5 joint income of $49,001 to [$50,000]
6 $75,000 ........................... $1,715
7 § 3. Paragraphs (a) and (b) of subdivision 4 of section 248 of the
8 elder law are amended to read as follows:
9 (a) Limits on co-payments by unmarried individual eligible program
10 participants:
11 individual income of $20,001 to $21,000........... no more than $1,050
12 individual income of $21,001 to $22,000........... no more than $1,100
13 individual income of $22,001 to $23,000........... no more than $1,150
14 individual income of $23,001 to $24,000........... no more than $1,200
15 individual income of $24,001 to $25,000........... no more than $1,250
16 individual income of $25,001 to $26,000........... no more than $1,300
17 individual income of $26,001 to $27,000........... no more than $1,350
18 individual income of $27,001 to $28,000........... no more than $1,400
19 individual income of $28,001 to $29,000........... no more than $1,450
20 individual income of $29,001 to $30,000........... no more than $1,500
21 individual income of $30,001 to $31,000........... no more than $1,550
22 individual income of $31,001 to $32,000........... no more than $1,600
23 individual income of $32,001 to $33,000........... no more than $1,650
24 individual income of $33,001 to $34,000........... no more than $1,700
25 individual income of $34,001 to [$35,000]
26 $50,000 ............ no more than $1,750
27 (b) Limits on co-payments by each married individual eligible program
28 participant:
29 joint income of $26,001 to $27,000................ no more than $1,080
30 joint income of $27,001 to $28,000................ no more than $1,120
31 joint income of $28,001 to $29,000................ no more than $1,160
32 joint income of $29,001 to $30,000................ no more than $1,200
33 joint income of $30,001 to $31,000................ no more than $1,240
34 joint income of $31,001 to $32,000................ no more than $1,280
35 joint income of $32,001 to $33,000................ no more than $1,320
36 joint income of $33,001 to $34,000................ no more than $1,360
37 joint income of $34,001 to $35,000................ no more than $1,400
38 joint income of $35,001 to $36,000................ no more than $1,440
39 joint income of $36,001 to $37,000................ no more than $1,480
40 joint income of $37,001 to $38,000................ no more than $1,520
41 joint income of $38,001 to $39,000................ no more than $1,560
42 joint income of $39,001 to $40,000................ no more than $1,600
43 joint income of $40,001 to $41,000................ no more than $1,640
44 joint income of $41,001 to $42,000................ no more than $1,680
45 joint income of $42,001 to $43,000................ no more than $1,720
46 joint income of $43,001 to $44,000................ no more than $1,760
47 joint income of $44,001 to $45,000................ no more than $1,800
48 joint income of $45,001 to $46,000................ no more than $1,840
49 joint income of $46,001 to $47,000................ no more than $1,880
50 joint income of $47,001 to $48,000................ no more than $1,920
51 joint income of $48,001 to $49,000................ no more than $1,960
52 joint income of $49,001 to [$50,000]
53 $75,000 ............... no more than $2,000
54 § 4. This act shall take effect immediately.
