THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PRESTON, COHEN, GEORGE, BISHOP, BEYER, GROVE, KIRKLAND, KORTZ, KOTIK, LONGIETTI, SIPTROTH, SOLOBAY, SWANGER AND WALKO, FEBRUARY 2, 2009

REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, FEBRUARY 2, 2009  

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,"

further providing for PACE and PACENET eligibility.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 503 of the act of August 26, 1971 (P.L.

351, No.91), known as the State Lottery Law, amended July 9,

2008 (P.L.934, No.69), is amended to read:

Section 503.  Determination of eligibility.

(a)  Duties of department.--The department shall adopt

regulations relating to the determination of eligibility of

prospective claimants and providers, including dispensing

physicians and certified registered nurse practitioners when

acting in accordance with rules and regulations promulgated by

the State Board of Nursing as required by the act of May 22,

1951 (P.L.317, No.69), known as The Professional Nursing Law,

and the State Board of Pharmacy minimum standards of practice,

and the determination and elimination of program abuse. To this

end, the department shall establish a compliance unit staffed

sufficiently to fulfill this responsibility. The department

shall have the power to declare ineligible any claimant or

provider who abuses or misuses the established prescription

plan. The department shall have the power to investigate cases

of suspected provider or recipient fraud.

(b)  Social Security cost-of-living adjustment.--

Notwithstanding any other provision of this act to the contrary,

persons who, as of December 31, [2007] 2009, are enrolled in the

PACENET program shall remain eligible for the PACENET program if

the maximum income limit is exceeded due solely to a Social

Security cost-of-living adjustment. Notwithstanding any other

provision of this act to the contrary, persons who, as of

December 31, [2008] 2010, are enrolled in the PACE program shall

remain eligible for the PACE program if the maximum income limit

is exceeded due solely to a Social Security cost-of-living

adjustment. Eligibility in the PACE or PACENET program pursuant

to this subsection shall expire on December 31, [2010] 2012.

Section 2.  This act shall take effect immediately.