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Senate Bill No. 2500

November 2 Special Session, Public Act No. 05-3

AN ACT CONCERNING ENROLLMENT OF CERTAIN BENEFICIARIES IN THE MEDICARE PART D PROGRAM.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19 of public act 05-280, as amended by section 1 of public act 05-2 of the November 2 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section, "full benefit dually eligible Medicare Part D beneficiary" means a person who has coverage for Medicare Part D drugs and is eligible for full medical assistance benefits pursuant to section 17b-261, under any category of eligibility.

(b) On and after the effective date of the Medicare Part D program established pursuant to Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, no Medicaid prescription drug coverage shall be provided to a Medicaid recipient eligible for Medicare Part D for Medicare Part D drugs, as defined in said act. Medicaid coverage shall be provided to a full benefit dually eligible Medicare Part D beneficiary for prescription drugs that are not Medicare Part D drugs, as defined in said act.

(c) The department shall be responsible for payment on behalf of a full benefit dually eligible Medicare Part D beneficiary of any Medicare Part D prescription drug copayments imposed pursuant to Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

(d) To the extent permitted under federal law, the Commissioner of Social Services may be the authorized representative of a full benefit dually eligible Medicare Part D beneficiary for the purpose of enrolling the beneficiary in a Medicare Part D plan.

Sec. 2. Subsection (f) of section 17b-492 of the general statutes, as amended by section 22 of public act 05-280 and section 4 of public act 05-2 of the November 2 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) The Commissioner of Social Services [shall] may be the authorized representative of a ConnPACE applicant or recipient for [the purpose of] purposes of enrolling in a Medicare Part D plan or submitting an application to the Social Security Administration to obtain the low income subsidy benefit provided under Public Law 108-173, the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. [As the authorized representative for this purpose, the commissioner may also sign required forms and enroll the applicant or recipient in a Medicare Part D plan on the applicant or recipient's behalf. ] The applicant or recipient shall have the opportunity to select a Medicare Part D plan and shall be notified of such opportunity by the commissioner. The applicant or recipient, prior to selecting a Medicare Part D plan, shall have the opportunity to consult with the commissioner, or the commissioner's designated agent, concerning the selection of a Medicare Part D plan that best meets the prescription drug needs of such applicant or recipient. In the event that such applicant or recipient does not select a Medicare Part D plan within a reasonable period of time, as determined by the commissioner, the commissioner shall enroll the applicant or recipient in a Medicare Part D plan designated by the commissioner in accordance with said act. The applicant or recipient shall appoint the commissioner as such applicant's or recipient's representative for the purpose of appealing any denial of Medicare Part D benefits and for any other purpose allowed under said act and deemed necessary by the commissioner.

Approved December 1, 2005