S T A T E O F N E W Y O R K ________________________________________________________________________ 1190 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. DINOWITZ, RIVERA, CRESPO, BROOK-KRASNY -- Multi- Sponsored by -- M. of A. ROBINSON -- read once and referred 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 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00586-01-5