Makes certain persons (meeting certain income requirements) who are eligible for or receiving social security disability insurance (SSDI) benefits eligible for elderly pharmaceutical insurance coverage.

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S2330-2013 Actions

• Jan 16, 2013: REFERRED TO AGING

S2330-2013 Memo

BILL NUMBER:S2330

TITLE OF BILL:  An act to amend the elder law, in relation to making
certain persons who are eligible for or receiving social security
disability insurance benefits eligible for elderly pharmaceutical
insurance coverage

PURPOSE: This bill adds low-income disabled persons to the list of
persons eligible to receive benefits from New York's (EPIC) program.

SUMMARY OF PROVISIONS:  Amends subdivisions 1 and 2 of section 242 of
the elder law to add persons who are eligible for or receiving social
security disability insurance (SSDI) to the list of eligible
participants in the EPIC program.

Makes provisions effective immediately upon enactment.

JUSTIFICATION:  The EPIC program which offers prescription drug
assistance has proven helpful to many senior citizens who face high
costs for pharmaceuticals, but do not qualify for Medicaid. Medicare
does not cover prescriptions. In recent years, many programs
originally designed to benefit senior citizens - ranging from Social
Security to real property tax reductions - have been extended to cover
disabled persons. This recognizes that through no fault of their own,
disabled persons may experience similar limitations on their ability
to independently earn a living as do elderly citizens. Advances in
pharmaceuticals have also increased their importance in helping
disabled persons remain active in their community. Yet, faced with
severe income limitations, declining availability of employer-paid
health insurance and caps on prescription coverage which are
increasingly being implemented by health insurers, many disabled
individuals are unable to afford the pharmaceuticals which may be
essential to their health. This bill would follow clear precedent in
other programs by extending the EPIC program to include low-income
disabled individuals.

LEGISLATIVE HISTORY:

2006: S.3081 - Referred to Aging 2008: S.2258 - Referred to Aging
2009-10: S.1840 - Referred to Aging 2011-12: S. 985 - Referred to
Aging

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: 180 days after it shall become law.

S2330-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2330

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 16, 2013
                                 ___________

  Introduced  by  Sens.  KLEIN,  ADAMS,  ADDABBO,  BRESLIN,  DIAZ,  DILAN,
    HASSELL-THOMPSON, KRUEGER, PARKER, SAVINO, SERRANO,  SMITH,  STAVISKY,
    VALESKY  --  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 making certain persons who
    are eligible for or receiving  social  security  disability  insurance
    benefits eligible for elderly pharmaceutical insurance coverage

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivisions 1 and 2 of  section  242  of  the  elder  law,
  subdivision  1  as  amended  by  section 4 and subdivision 2 as added by
  section 5 of part T of chapter 56 of the laws of 2012,  are  amended  to
  read as follows:

    1.  Persons  eligible  for  comprehensive  coverage  under section two
  hundred forty-seven of this title shall include:

    (a) any unmarried resident who is at least sixty-five years of age, OR
  ELIGIBLE FOR OR RECEIVING SOCIAL SECURITY  DISABILITY  INSURANCE  (SSDI)
  BENEFITS,  and  whose income for the calendar year immediately preceding
  the effective date of the annual coverage period beginning on  or  after
  January  first, two thousand five, is less than or equal to twenty thou-
  sand dollars.   After the initial  determination  of  eligibility,  each
  eligible  individual  must be redetermined eligible at least every twen-
  ty-four months; and
    (b) any married resident who is at least sixty-five years of  age,  OR
  ELIGIBLE  FOR  OR  RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
  BENEFITS, and whose income for the calendar year  immediately  preceding
  the  effective date of the annual coverage period when combined with the
  income in the same calendar year of such married person's spouse  begin-
  ning  on or after January first, two thousand one, is less than or equal
  to twenty-six thousand  dollars.  After  the  initial  determination  of

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00969-02-3

 S. 2330                             2

  eligibility,  each  eligible individual must be redetermined eligible at
  least every twenty-four months.
    2.  Persons  eligible  for  catastrophic  coverage  under  section two
  hundred forty-eight of this title shall include:

    (a) any unmarried resident who is at least sixty-five years of age, OR
  ELIGIBLE FOR OR RECEIVING SOCIAL SECURITY  DISABILITY  INSURANCE  (SSDI)
  BENEFITS,  and  whose income for the calendar year immediately preceding
  the effective date of the annual coverage period beginning on  or  after
  January  first,  two thousand one, is more than twenty thousand and less
  than or equal to thirty-five thousand dollars. After the initial  deter-
  mination  of  eligibility, each eligible individual must be redetermined
  eligible at least every twenty-four months; and
    (b) any married resident who is at least sixty-five years of  age,  OR
  ELIGIBLE  FOR  OR  RECEIVING SOCIAL SECURITY DISABILITY INSURANCE (SSDI)
  BENEFITS, and whose income for the calendar year  immediately  preceding
  the  effective date of the annual coverage period when combined with the
  income in the same calendar year of such married person's spouse  begin-
  ning  on  or after January first, two thousand one, is more than twenty-
  six thousand dollars and less than or equal to fifty  thousand  dollars.
  After the initial determination of eligibility, each eligible individual
  must be redetermined eligible at least every twenty-four months.
    S 2. This act shall take effect on the one hundred eightieth day after
  it  shall have become a law and shall apply to benefits paid on or after
  such effective date. Effective immediately the executive director of the
  elderly pharmaceutical insurance coverage panel may promulgate any rules
  and regulations necessary for the implementation of this act.