Senator Mensch's Bill Protects Seniors' Rebates and Access to Prescriptions

SB 1437 bars PA from claiming $250 from Medicare recipients

Senator Bob Mensch (R-24) recently introduced legislation that would bar Pennsylvania from claiming rebate checks that the federal government will provide to Medicare recipients. The bill protects those seniors who participate in PACE, from program restrictions on what prescription drugs they can access.

Senate Bill 1437 specifically prohibits the Pennsylvania Department of Aging from recovering PACE costs by trying to capture the $250 rebate checks Medicare Part D recipients are to receive from the federal government as part of the Affordable Care Act passed by Congress.

"Some states, such as Vermont, are making plans to reduce state pharmacy assistance benefits for seniors who are expected to receive $250 rebate checks as part of a federal initiative to reduce gaps in coverage under Medicare Part D," Senator Mensch said. "The checks are intended to close the coverage gap many Medicare plans have when seniors must pay all prescription costs out-of-pocket. Senate Bill 1437 would prohibit the Department from taking or attempting to take the rebate checks from recipients."

SB 1437 also would require the Department of Aging to receive legislative authorization before entering into any agreements that would create a restrictive drug list for PACE participants.

"The Governor recommended in his budget proposal for Fiscal Year 2010-11 that PACE to merge with the National Medicaid Pooling Initiative (NMPI). The NMPI is a multi-state drug pool that currently includes only state Medicaid programs with restrictive drug formulas or preferred drug lists," Senator Mensch said. "Pennsylvania's PACE Program does not have a restricted formula, so the Administration's proposal could end up limiting access by senior citizens to necessary medicines prescribed by their doctors."