THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, BEAR, BOYD, CALTAGIRONE, CARROLL, COHEN, DeLUCA, DONATUCCI, FARRY, FLECK, GEIST, GIBBONS, GINGRICH, HALUSKA, HENNESSEY, JOSEPHS, KAUFFMAN, F. KELLER, LONGIETTI, MILLER, MOUL, MURT, PICKETT, READSHAW, REICHLEY, SABATINA, SONNEY, SWANGER AND VULAKOVICH, MARCH 14, 2011

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, MARCH 14, 2011  

AN ACT

Amending the act of August 26, 1971 (P.L.351, No.91), entitled

"An act providing for a State Lottery and administration

thereof; authorizing the creation of a State Lottery

Commission; prescribing its powers and duties; disposition of

funds; violations and penalties therefor; exemption of prizes

from State and local taxation and making an appropriation,"

in pharmaceutical assistance for the elderly, further

providing for program generally and for the Pharmaceutical

Assistance Contract for the Elderly Needs Enhancement Tier.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 509 of the act of August 26, 1971

(P.L.351, No.91), known as the State Lottery Law, is amended by

adding a paragraph to read:

Section 509.  Program generally.

The program shall include the following:

* * *

(9)  Any increase in eligibility for PACE or PACENET

shall be funded with savings realized as a direct result of

the PACE Plus Medicare program as provided under Subchapter

C.

Section 2.  Section 519 of the act, amended July 7, 2006

(P.L.1061, No.111), is amended to read:

Section 519.  The Pharmaceutical Assistance Contract for the

Elderly Needs Enhancement Tier.

(a)  Establishment.--There is hereby established within the

department a program to be known as the Pharmaceutical

Assistance Contract for the Elderly Needs Enhancement Tier

(PACENET).

(b)  PACENET eligibility.--A person with an annual income of

not less than $14,500 and not more than [$23,500] $30,000 in the

case of a single person and of not less than $17,700 and not

more than [$31,500] $40,000 in the case of the combined income

of persons married to each other shall be eligible for enhanced

pharmaceutical assistance under this section. A person may, in

reporting income to the department, round the amount of each

source of income and the income total to the nearest whole

dollar, whereby any amount which is less than 50¢ is eliminated.

(c.1)  Premium.--In those instances in which a PACENET

claimant is not enrolled in Part D pursuant to section 533, the

claimant shall be required to pay a monthly premium equivalent

to the regional benchmark premium.

(d)  Copayment.--

(1)  For claimants under this section, the copayment

schedule shall be:

(i)  eight dollars for noninnovator multiple source

drugs as defined in section 702; or

(ii)  fifteen dollars for single-source drugs and

innovator multiple-source drugs as defined in section

702.

(2)  The department shall annually calculate the

copayment schedules based on the Prescription Drugs and

Medical Supplies Consumer Price Index. When the aggregate

impact of the Prescription Drugs and Medical Supplies

Consumer Price Index equals or exceeds $1, the department

shall adjust the copayment schedules. Each copayment schedule

shall not be increased by more than $1 in a calendar year.

Section 3.  This act shall take effect immediately.