S 8683

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8683
                             I N  S E N A T E
                              January 7, 2026
                                ___________
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 AN  ACT  to amend the public service law and the social services law, in
   relation to establishing a medical cost-of-living adjustment and util-
   ity bill relief for senior citizens based on documented medical neces-
   sity
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Legislative findings and intent. The legislature finds that
 senior citizens face a disproportionate financial burden from the rising
 cost of life-sustaining medications and chronic medical treatment. These
 medical  expenses  directly impact on a senior's ability to afford basic
 household necessities, including gas and electric service, and  are  not
 adequately  reflected in current cost-of-living adjustment calculations.
 The legislature  further  finds  that  protecting  medically  vulnerable
 seniors  from  utility insecurity is consistent with the purposes of the
 Home Energy Fair Practices Act, the  Energy  Affordability  Policy,  and
 existing  low-income  energy  assistance  programs.  It is therefore the
 intent of the legislature to  modernize  cost-of-living  adjustments  by
 incorporating  documented  medical  necessities and to provide graduated
 utility bill relief tied to essential medical expenses that affect qual-
 ity of life.
   § 2. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. MEDICAL COST-OF-LIVING ADJUSTMENT AND SENIOR  UTILITY  RELIEF.
 1.  ANY GAS OR ELECTRIC CORPORATION OPERATING WITHIN THE STATE SHALL, IN
 COORDINATION WITH THE DEPARTMENT AND THE OFFICE OF TEMPORARY  AND  DISA-
 BILITY ASSISTANCE, ESTABLISH A MEDICAL COST-OF-LIVING ADJUSTMENT PROGRAM
 FOR RESIDENTIAL CUSTOMERS AGED SIXTY-FIVE YEARS OR OLDER WHO INCUR DOCU-
 MENTED  MEDICAL EXPENSES NECESSARY TO MAINTAIN OR PRESERVE LIFE OR BASIC
 BODILY FUNCTION.
   2. PARTICIPATION IN THE PROGRAM ESTABLISHED PURSUANT TO  THIS  SECTION
 SHALL BE VOLUNTARY AND OPT-IN, AND NO CUSTOMER SHALL BE ENROLLED WITHOUT
 AFFIRMATIVE CONSENT.
   3.  EACH GAS AND ELECTRIC CORPORATION SHALL PROVIDE WRITTEN INDIVIDUAL
 NOTICE AND OPT-IN MATERIALS TO ANY RESIDENTIAL CUSTOMER WHEN AN INDIVID-
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14333-01-6
 S. 8683                             2
 UAL LISTED ON THE UTILITY ACCOUNT, BILLING RECORD, OR PAYMENT DOCUMENTA-
 TION ATTAINS THE AGE OF SIXTY-FIVE. SUCH NOTICE SHALL INFORM THE CUSTOM-
 ER OF THE AVAILABILITY OF MEDICAL COST-OF-LIVING ADJUSTMENTS AND UTILITY
 BILL  RELIEF UNDER THIS SECTION AND SHALL INCLUDE CLEAR INSTRUCTIONS FOR
 ENROLLMENT.
   4. UTILITIES SHALL RE-OFFER PARTICIPATION AND PROVIDE  UPDATED  OPT-IN
 MATERIALS  ANNUALLY  TO  ALL CUSTOMERS AGED SIXTY-FIVE AND OLDER WHO ARE
 ELIGIBLE UNDER THIS SECTION, FOR THE PURPOSE OF ALLOWING SUCH  CUSTOMERS
 TO  SUBMIT  NEW  OR  UPDATED MEDICAL DOCUMENTATION REFLECTING CHANGES IN
 HEALTH STATUS, MEDICAL NECESSITY, TREATMENT DURATION,  OR  LIFE  CIRCUM-
 STANCES.
   5.  ELIGIBLE  MEDICAL  EXPENSES SHALL INCLUDE PRESCRIPTION MEDICATIONS
 AND TREATMENTS REQUIRED FOR  THE  MAINTENANCE  OF  HEART,  LUNG,  BRAIN,
 KIDNEY, ENDOCRINE, NEUROLOGICAL, OR OTHER CHRONIC OR TERMINAL CONDITIONS
 AS CERTIFIED BY A LICENSED MEDICAL PROFESSIONAL.
   6. MEDICAL EXPENSES INCORPORATED INTO COST-OF-LIVING ADJUSTMENT CALCU-
 LATIONS  UNDER  THIS  SECTION  SHALL  BE  DISCOUNTED AT A GRADUATED RATE
 BEGINNING AT FIFTEEN PERCENT AND INCREASING BASED ON DOCUMENTED  MEDICAL
 NECESSITY  AND  DURATION OF TREATMENT, PROVIDED THAT SUCH DISCOUNT SHALL
 NOT EXCEED TWENTY-FIVE PERCENT.
   7. CUSTOMERS QUALIFYING UNDER THIS SECTION SHALL  BE  ELIGIBLE  FOR  A
 CORRESPONDING  GAS  AND  ELECTRIC  UTILITY  BILL  DISCOUNT  BEGINNING AT
 FIFTEEN PERCENT AND ESCALATING UP TO A MAXIMUM OF TWENTY PERCENT, DETER-
 MINED BY THE EXTENT TO WHICH  SUCH  MEDICAL  EXPENSES  ARE  REQUIRED  TO
 SUSTAIN LIFE OR PRESERVE QUALITY OF LIFE.
   8.  DISCOUNTS PROVIDED UNDER THIS SECTION SHALL BE APPLIED IN ADDITION
 TO, AND SHALL NOT REPLACE OR REDUCE, ANY BENEFITS  AVAILABLE  UNDER  THE
 HOME  ENERGY  FAIR  PRACTICES  ACT, THE ENERGY AFFORDABILITY POLICY, THE
 LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM, OR ANY SUCCESSOR PROGRAMS.
   9. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY  TO
 IMPLEMENT  THIS  SECTION,  INCLUDING  BUT  NOT  LIMITED TO STANDARDS FOR
 MEDICAL DOCUMENTATION, ESCALATION  THRESHOLDS,  ANNUAL  NOTICE  REQUIRE-
 MENTS,  CONSUMER  PROTECTIONS  AGAINST SERVICE TERMINATION FOR MEDICALLY
 ELIGIBLE HOUSEHOLDS, AND METHODS TO ENSURE COMPLIANCE BY UTILITIES.
   § 3. The social services law is amended by adding a new  section  97-a
 to read as follows:
   § 97-A. MEDICAL  COST-OF-LIVING  ADJUSTMENT AND SENIOR UTILITY RELIEF.
 EACH SOCIAL SERVICES DISTRICT SHALL  BE  REQUIRED,  IN  ACCORDANCE  WITH
 STATE  AND  FEDERAL  LAW,  TO  ASSIST  ELIGIBLE HOUSEHOLDS FOUND IN SUCH
 DISTRICTS TO OBTAIN A MEDICAL COST-OF-LIVING ADJUST AND  UTILITY  RELIEF
 PURSUANT  TO  SECTION  SIXTY-SIX-X  OF  THE  PUBLIC  SERVICE  LAW.  SUCH
 DISTRICTS SHALL CONSIDER  DOCUMENTED  MEDICAL  EXPENSES  IN  DETERMINING
 COST-OF-LIVING  ADJUSTMENTS  FOR  SENIOR  ASSISTANCE PROGRAMS, AND SHALL
 COORDINATE WITH UTILITY CORPORATIONS FOR THE ADMINISTRATION OF  MEDICAL-
 BASED  UTILITY  DISCOUNTS  PURSUANT  TO  SUCH SECTION SIXTY-SIX-X OF THE
 PUBLIC SERVICE LAW.  NOTHING IN THIS SECTION SHALL LIMIT ELIGIBILITY FOR
 EXISTING STATE OR FEDERAL ENERGY ASSISTANCE PROGRAMS, NOR  REDUCE  BENE-
 FITS OTHERWISE AVAILABLE TO SENIOR CITIZENS UNDER CURRENT LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.