The Pharmaceutical Assistance Contract for the Elderly Needs Enhancement Tier

Act 91 of 1971, § 519, under STATE LOTTERY LAW.

Act 91 of 1971, § 519

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 $33,500 in the case of a single person and of not less than $17,700 and not more than $41,500 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. ((b) amended Dec. 22, 2021, P.L.454, No.94)

(c) Deductible.--((c) deleted by amendment July 7, 2006, P.L.1045, No.111)

(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 for each month the claimant is dispensed a prescription drug. The claimant shall not be required to pay a monthly premium for any month the claimant is not dispensed a prescription drug. ((c.1) amended Dec. 22, 2021, P.L.454, No.94)

(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.

(519 amended July 7, 2006, P.L.1061, No.111)

Compiler's Note: Section 4 of Act 219 of 2004 provided that, notwithstanding any other provision of law to the contrary, persons, who, as of December 31, 2004, are enrolled in the PACENET program established pursuant to section 519 shall remain eligible for the PACENET program if the maximum income limit is exceeded due solely to a Social Security cost-of-living adjustment. Eligibility in the PACENET program pursuant to section 44 shall expire on December 31, 2005.

Compiler's Note: Section 14 of Act 37 of 2003, which amended section 519, provided that the Department of Aging may use a PACE or PACENET program applicant's most recent annual income information to determine program eligibility until April 1, 2004.