PRINTER'S NO. 281

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 258 Session of 2005

        INTRODUCED BY KENNEY, BROWNE, CORNELL, LEDERER, BELFANTI, BUNT,
           BUXTON, CALTAGIRONE, CAWLEY, CIVERA, CREIGHTON, FAIRCHILD,
           GEORGE, GINGRICH, GOODMAN, HERSHEY, HESS, KILLION, KOTIK,
           LEACH, O'NEILL, PHILLIPS, ROSS, B. SMITH, STABACK,
           E. Z. TAYLOR, THOMAS, WALKO, WHEATLEY, YOUNGBLOOD, BOYD,
           WATSON, FRANKEL AND HARHART, FEBRUARY 8, 2005

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
           FEBRUARY 8, 2005

                                     AN ACT

     1  Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
     2     act to consolidate, editorially revise, and codify the public
     3     welfare laws of the Commonwealth," providing for
     4     pharmaceutical modification statement.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The act of June 13, 1967 (P.L.31, No.21), known
     8  as the Public Welfare Code, is amended by adding a section to
     9  read:
    10     Section  450.  Pharmaceutical Modification Statement.--The
    11  secretary shall not make application for any approval of
    12  modifications to its State plan as provided for in the Social
    13  Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.) pertaining
    14  to the reimbursement for, rebate on or access to pharmaceuticals
    15  as it may relate to the establishment of a drug formulary or
    16  preferred drug list in the Pennsylvania Medical Assistance

     1  Program until it has transmitted a detailed programmatic and
     2  fiscal impact statement to the General Assembly. The statement
     3  shall be transmitted to the Majority Chairman and Minority
     4  Chairman of the Public Health and Welfare Committee of the
     5  Senate and the Majority Chairman and Minority Chairman of the
     6  Health and Human Services Committee of the House of
     7  Representatives. The statement shall detail the impact of the
     8  plan amendment on existing enrollees that will be transitioned
     9  into Medicare part D under the provisions of the Federal
    10  Medicare Prescription Drug Improvement and Modernization Act of
    11  2003 (Public Law 108-173, U.S.C.).
    12     Section 2.  This act shall take effect in 60 days.












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