PRINTER'S NO. 2858
No. 2154 Session of 1989
INTRODUCED BY RYBAK, DeWEESE, FREEMAN, McHALE, PRESSMANN,
D. W. SNYDER, CORRIGAN, DISTLER, LASHINGER, GODSHALL, WASS,
ARGALL, COWELL, TRICH, ANGSTADT, KOSINSKI, FAIRCHILD, BUSH,
J. L. WRIGHT, NAHILL, HERMAN, SALOOM, McVERRY, TIGUE,
BELFANTI, TANGRETTI, J. TAYLOR, COHEN, OLASZ, COLAIZZO,
CARLSON, HARPER, PESCI, MORRIS, LAUGHLIN, CORNELL, GIGLIOTTI,
CESSAR, REBER, FLICK, MAIALE, HOWLETT, WILLIAMS, FREIND,
JOHNSON, BUNT, MARSICO, STISH, MRKONIC, MELIO, RUDY, STABACK,
TRELLO, MICOZZIE, KASUNIC, ADOLPH AND TELEK, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON YOUTH AND AGING, DECEMBER 6, 1989
AN ACT
1 Amending the act of November 4, 1983 (P.L.217, No.63), entitled
2 "An act establishing a program of limited pharmaceutical
3 assistance for the elderly; granting powers to and imposing
4 duties on the Department of Aging; establishing a payment
5 system; making provisions for funding; providing for reports;
6 and fixing penalties for violations of the pharmaceutical
7 assistance program," changing the definitions of "eligible
8 claimant," "income" and "maximum annual income"; and
9 providing for reimbursement for prescriptions filled outside
10 of this Commonwealth.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The definitions of "eligible claimant," "income"
14 and "maximum annual income" in section 3 of the act of November
15 4, 1983 (P.L.217, No.63), known as the Pharmaceutical Assistance
16 Contract for the Elderly Act, amended December 17, 1984
17 (P.L.1002, No.202), are amended to read:
18 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 * * *
5 "Eligible claimant." [A]
6 (1) a resident of the Commonwealth 65 years of age and
7 over, whose annual income is less than the maximum annual
8 income, and who is not otherwise qualified for public
9 assistance under the act of June 13, 1967 (P.L.31, No.21),
10 known as the Public Welfare Code[.]; or
11 (2) a resident of the Commonwealth 65 years of age and
12 over, whose annual income exceeds the maximum annual income,
13 but whose annual expenses for prescription drugs equal at
14 least 5% of his annual income.
15 "Income." All income from whatever source derived, including
16 but not limited to salaries, wages, bonuses, commissions, income
17 from self-employment, alimony, support money, cash public
18 assistance and relief, the gross amount of any pensions or
19 annuities including railroad retirement benefits, all benefits
20 received under the Federal Social Security Act (except Medicare
21 benefits), all benefits received under State unemployment
22 insurance laws and veterans' disability payments, all interest
23 received from the Federal Government or any state government, or
24 any instrumentality or political subdivision thereof, realized
25 capital gains, rentals, workmen's compensation and the gross
26 amount of loss of time insurance benefits, life insurance
27 benefits and proceeds, except the first $5,000 of the total of
28 death benefits payments, and gifts of cash or property, other
29 than transfers by gift between members of a household, in excess
30 of a total value of $300[, but]. The term shall not include
19890H2154B2858 - 2 -
1 surplus food or other relief in kind supplied by a government
2 agency or property tax rebate[.], nor shall it include income
3 used to pay premiums for Medicare benefits and other health
4 insurance coverage or income used to satisfy the copayment
5 requirement for prescription benefits under this act.
6 "Maximum annual income." Annual income as determined by the
7 department. Such amount shall not exceed [$12,000] $15,000 in
8 the case of single persons nor [$15,000] $21,000 in the case of
9 the combined annual income of married persons. These figures
10 shall be adjusted annually by the department in proportion to
11 the most recent annual change in the cost of living, as
12 reflected by the Consumer Price Index. Maximum annual income, as
13 so adjusted, shall be published in the Pennsylvania Bulletin.
14 * * *
15 Section 2. The act is amended by adding a section to read:
16 Section 6.1. Prescriptions filled outside this Commonwealth.
17 Notwithstanding any provision of this act, reimbursement
18 shall be made for prescriptions filled outside of this
19 Commonwealth.
20 Section 3. This act shall apply to the calendar year 1990
21 and each year thereafter.
22 Section 4. This act shall take effect immediately.
K6L67CHF/19890H2154B2858 - 3 -