S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2121
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced by M. of A. MILLMAN, PHEFFER -- read once and referred to the
         Committee on Aging
       AN  ACT to amend the elder law, in relation to limiting the cost-sharing
         responsibilities of eligible participants in  the  elderly  pharmaceu-
         tical insurance coverage program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 247 of the elder law is amended  by  adding  a  new
    2  subdivision 5 to read as follows:
    3    5.  COST-SHARING  RESPONSIBILITIES LIMIT. AT NO TIME DURING A COVERAGE
    4  PERIOD SHALL THE COST-SHARING RESPONSIBILITIES, WHICH ARE  COMPRISED  OF
    5  THE  SUM  OF  THE  ANNUAL  REGISTRATION FEE AND CO-PAYMENTS, EXCEED FIVE
    6  PERCENT OF THE ELIGIBLE PROGRAM PARTICIPANT'S  GROSS  INCOME,  EFFECTIVE
    7  IMMEDIATELY.
    8    S  2. Section 248 of the elder law is amended by adding a new subdivi-
    9  sion 5 to read as follows:
   10    5. COST-SHARING RESPONSIBILITIES LIMIT. AT NO TIME DURING  A  COVERAGE
   11  PERIOD  SHALL  THE COST-SHARING RESPONSIBILITIES, WHICH ARE COMPRISED OF
   12  THE SUM OF THE ANNUAL DEDUCTIBLE AND CO-PAYMENTS, EXCEED FIVE PERCENT OF
   13  THE ELIGIBLE PROGRAM PARTICIPANT'S GROSS INCOME, EFFECTIVE IMMEDIATELY.
   14    S 3. This act shall take effect on the one hundred twentieth day  next
   15  succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04946-01-1