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S4905Senate2017-2018 SessionSame asA3704

Exclude One-Time Income for Seniors

Official title

“Authorizes the commissioner of health to adopt policies to exclude certain non-recurring items from income for the program for elderly pharmaceutical insurance cover”

Sponsor Ruben DiazSD-32+1 co-sponsorAffects Health
Status
In Senate Committee
Aging
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Aging

What's happening

This bill allows the exclusion of certain non-recurring income items when determining eligibility for elderly pharmaceutical insurance coverage in New York.

Why it matters

  1. Prevents temporary spikes in income—like cashing out retirement savings or receiving a one-time payment—from making seniors ineligible for prescription drug assistance. This helps ensure that eligibility reflects ongoing financial need, not unusual, non-recurring events.

  2. Gives the Department of Health flexibility to define what types of income can be excluded. This could allow the program to adapt to new or uncommon situations where a senior’s income is temporarily higher but not representative of their typical financial resources.

  3. Targets fairness and accuracy in benefit eligibility by focusing on ‘current needs’ rather than past, potentially misleading, income figures. Seniors who retire or experience a rare financial windfall won’t be unfairly penalized when applying for help with prescription costs.

  4. May result in more seniors qualifying for the pharmaceutical coverage program,. as the law now better accounts for real, ongoing financial situations rather than penalizing those with one-off income events.

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Who cares

Headline styles

Exclude One-Time Income for Seniors

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

1 Co-sponsor

History

  1. Referred to aging

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3704Assembly

Exclude One-Time Income for Seniors

In Assembly Committee · Ways And Means · Sponsor Jeffrey Dinowitz

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4905

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sens. DIAZ, AVELLA, LATIMER -- 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 policies excluding certain non-recurring items from income for purposes of the program for elderly pharmaceutical insurance coverage

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 241 of the elder law is amended to read as follows:

3. "Income" shall mean "household gross income" as defined in the real property tax circuit breaker credit program, pursuant to subparagraph [(C)] (c) of paragraph one of subsection (e) of section six hundred six of the tax law, but only shall include the income of program applicants and spouses and shall exclude the income of other members of the household; provided, however, that the commissioner of health may adopt policies to exclude from income certain non-recurring items that would act to artificially inflate the availability of funds to meet current needs including, but not limited to, a retiree's previous year's wages, and non-recurring distributions from an individual retirement account.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03575-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

To exclude non-recurring income from the definition of "income" for the purposes of eligibility for the EPIC program.

Summary of provisions

Section 1 - Amends the Elder Law, section 241 (3). Defines income for the EPIC program. Authorizes the Commissioner of Health to adopt policies to create exclusion for non-recurring items that would act to artificially inflate the availability of funds to meet current needs.

Section 2 - Effective Date

Existing law

The current EPIC statute makes no provision for the exclusion of certain types of income.

Justification

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 401K 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 pocket until they are able to qualify again the following year.

Legislative history

2016: S.146 - REFERRED TO AGING/A.1190-reported referred to ways and means 2105: S.146 - REFERRED TO AGING/A.1190-referred to aging 2104: S.345 - Referred to Aging/ A.349 - Reported, Referred to Ways and Means 2013: S.345 - Reported and Committed to Finance/A.349 - Reported, Referred to Ways and Means 2012: S.122-A - Reported and Committed to Finance/ A.243-A - Amend and Recommit to Aging 2011: S.122 - Reported and Committed to Finance/A.243 - Reported, Referred to Ways and Means 2009-10: S.5457 - Reported and Committed to Finance/A.8044 - Reported Referred to Ways and Means

Financial implication

TO STATE AND LOCAL GOVERNMENTS :

To be determined.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.