PRINTER'S NO. 21
No. 21 Session of 1979
INTRODUCED BY WILSON, BURNS, J. L. WRIGHT, JR., WEIDNER, SPITZ, NOYE, CESSAR, GLADECK, FISHER, FREIND, VROON, GRIECO, HELFRICK AND E. Z. TAYLOR, JANUARY 23, 1979
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JANUARY 23, 1979
AN ACT 1 Establishing a program of pharmaceutical assistance to the aged. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the 6 "Pharmaceutical Assistance to the Aged Act." 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have, unless the context clearly indicates otherwise, the 10 meanings given to them in this section: 11 "Department." The Department of Public Welfare. 12 "Eligible claimant." Any single resident of the Commonwealth 13 65 years of age and over whose annual income is less than the 14 maximum annual income, or any married resident whose annual 15 income is less than the maximum annual income, shall be eligible 16 for the program if such person is not otherwise qualified for 17 assistance under the act of June 13, 1967 (P.L.31, No.21), known
1 as the "Public Welfare Code." 2 "Maximum annual income." That annual income amount as 3 determined by the department. Such amount shall not exceed 4 $9,000 in the case of single persons nor $12,000 in the case of 5 the combined annual income of married persons. 6 "Prescription drugs." All legend drugs, insulin, insulin 7 syringes and insulin needles. 8 "Program." The program of pharmaceutical assistance to the 9 aged as established by this act. 10 "Reasonable cost." The cost of prescription drugs and a 11 dispensing fee, as determined by the department. 12 Section 3. Payments under program. 13 The program shall consist of payments to pharmacies on behalf 14 of eligible claimants for the reasonable cost of prescription 15 drugs which exceed a $1 copayment per prescription or per 16 purchase of insulin, paid by each eligible claimant. 17 Section 4. Coordination of benefits. 18 Any otherwise eligible claimant whose prescription drug costs 19 are wholly covered by any other plan of assistance or insurance 20 shall be ineligible for assistance under the provisions of this 21 act. Any otherwise eligible claimant whose prescription drug 22 costs are covered in part by any other plan of assistance or 23 insurance may be required to receive reduced assistance under 24 the provisions of this act. 25 Section 5. Funding. 26 (a) Lottery fund.--Funding for the program established by 27 this act shall be from any excess funds existing in the State 28 Lottery Fund after payment of all obligations arising under the 29 act of March 11, 1971 (P.L.104, No.3), known as the "Senior 30 Citizens Property Tax or Rent Rebate Act," on an annual basis. 19790H0021B0021 - 2 -
1 (b) Appropriation.--The General Assembly may appropriate 2 General Fund moneys to fund in whole or in part, the program 3 established by this act. 4 Section 6. Payment system. 5 (a) Departmental regulations.--The department shall by 6 regulation establish a system of payments or reimbursements and 7 a system for determining eligibility, including provisions for 8 submission of proof of actual and anticipated annual income, and 9 evidence of complete or partial coverage of prescription drug 10 costs by any other assistance or insurance plans. 11 (b) Contract.--In lieu of a payment system established 12 pursuant to subsection (a) the department may contract for the 13 establishment of such a system, if such a contract would be 14 economically advantageous to the Commonwealth. 15 Section 7. Effective date. 16 This act shall take effect on July 1, 1980. L15L32DGS/19790H0021B0021 - 3 -