Provides for program eligibility for plans comparable to Medicare part D

Latest action Feb 4, 2026

Relates to program eligibility for plans comparable to Medicare part D; provides for analysis of health plans by the department of health to determine whether such health plans meet or exceed the Medicare part D standard; requires the department of health, in consultation with the department of financial services, to notify prescription drug insurers of the provisions of this act.

Not chosen yet

Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A8226, the matching bill in the Assembly.

Amends the Elder Law.

Committee

Aging · New York State Assembly

Also referred to Aging · New York State Senate, Health · New York State Assembly, Health · New York State Senate.

Purpose, from the sponsor's memo

Section 1: Amends section 242 of the Elder Law to allow participants to qualify for EPIC benefits if they are enrolled in Medicare Part D or another public or private drug plan certified by the Centers for Medi- care and Medicaid Services (CMS) as meeting or exceeding the Medicare Part D standard. Section 2: Adds a definition of "CMS" to section 241 of the Elder Law. Section 3: Adds a new section 280-e to the Public Health Law to author- ize the Department of Health to assess whether health plans meet or exceed the Medicare Part D standard, permit insurers and individuals to request such assessments, and require the Department to maintain and publish a list of qualifying plans. Section 4: Directs the Department of Health and the Department of Finan- cial Services to notify insurers of the new provisions and EPIC eligi- bility guidelines. Section 5: Sets an effective date of April 1 following enactment, with immediate authority for necessary rulemaking, EXISTING LAW: Currently, to be eligible for EPIC a participant must be enrolled in a Medicare Part D Plan.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Committee vote · Health
Senate HealthFeb 4, 2026Result: passed
(14) (0) (0) (1)
Vote: Floor vote
NY SenateMay 20, 2025Result: passed
(61) (0) (0) (1)
Vote: Committee vote · Finance
Senate FinanceApr 29, 2025Result: passed
(22) (0) (0) (0)
Vote: Committee vote · Health
Senate HealthFeb 4, 2025Result: passed
(15) (0) (0) (0)

Cosponsors

Andrew Hevesi, Angelo Santabarbara and 20 more on Agora

Democratic20
Republican2

See the full list on nysenate.gov

The sponsor's argument

Why Gustavo Rivera says this is needed

New York State established and funded the Elderly Pharmaceutical Insur- ance Coverage (EPIC) Program in 1986 to assist seniors based on annual income with the costs of prescription medications. Today, over 327,000 income-eligible seniors aged 65 and older receive assistance with co-payments, the costs of excluded drugs, and/or plan premiums depending on one's income. As the price of pharmaceutical drugs continues to rise at unprecedented rates, EPIC has become even more important for many New York seniors. Unfortunately, some retirees are ineligible because their employers opt-in to a federal program, which incentivizes them to offer comparable coverage instead of the Medicare Part D plan. While the employer receives a 28% Retiree Drug Subsidy (RDS) for creating a comparable drug plan, in New York, the retirees who receive these comparable drug plans are ineligible for EPIC. This legislation removes the barrier that requires all participants to have a Medicare Part D plan and allows those who have comparable coverage to be eligible for EPIC if they otherwise meet the qualifications.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Feb 4, 2026
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO AGING
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO HEALTH
NY Senate
May 20, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate

Show full history (9 earlier events)

May 20, 2025
Passed a chamber
PASSED SENATE
NY Senate
May 20, 2025
Referred to committee
REFERRED TO AGING
NY Assembly
May 12, 2025
Amended
AMENDED ON THIRD READING (T) 355A
NY Senate
May 5, 2025
Referred to committee
REFERRED TO AGING
NY Assembly
May 1, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Apr 30, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
Apr 29, 2025
1ST Report CAL.743
1ST REPORT CAL.743
NY Senate
Feb 4, 2025
Reported out of committee
REPORTED AND COMMITTED TO FINANCE
NY Senate
Jan 8, 2025
Referred to committee
REFERRED TO HEALTH
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 3, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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