STATE OF NEW YORK
        ________________________________________________________________________

                                           716

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- 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 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.
                                                                   LBD03685-01-3