By Mr. Natale of Woburn, petition (accompanied by bill, House, No. 2202) of Patrick M. Natale relative to the definition of "open enrollment" under the prescription drug advantage program.  Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Patrick M. Natale

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In the Year Two Thousand and Seven.

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An Act Relative to the Prescription Advantage Program.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1  Section 39 of chapter 19A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the  definition of “Open Enrollment” and inserting in place thereof the following definition:-

“Open Enrollment”  A period of time which shall consist of the months of May and November during which the program accepts enrollment forms from eligible applicants age 66 or over or who did not enroll during the period in which they were initially eligible.

SECTION 2.  Said section 39 of said chapter 19A, as so appearing, is hereby further amended by striking out subsection (l) and inserting in place thereof the following section:-

(l) During the initial 12 month period the program is in effect, an eligible person may enroll at any time, after which, application to the program shall be made during an open enrollment period established by the department, but a person shall be eligible to enroll in the program at any time within the year of reaching age 65.  The department shall establish a surcharge for any eligible person whose gross annual household income is greater than 188 per cent of the federal poverty level and who fails to enroll within their first year of eligibility.