THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KULA, EACHUS, GOODMAN, GRUCELA, BELFANTI, BRENNAN, BRIGGS, BROWN, BUXTON, CALTAGIRONE, CARROLL, COHEN, CONKLIN, D. COSTA, DALEY, DALLY, DeLUCA, DONATUCCI, DePASQUALE, FRANKEL, GEIST, GEORGE, GIBBONS, GINGRICH, HALUSKA, HARHAI, HENNESSEY, HORNAMAN, JOSEPHS, KORTZ, KOTIK, LONGIETTI, MAHONEY, MANDERINO, MANN, McGEEHAN, McILVAINE SMITH, MELIO, MOUL, MUNDY, MURT, MUSTIO, M. O'BRIEN, PALLONE, PASHINSKI, PETRARCA, READSHAW, REED, REICHLEY, SANTONI, SIPTROTH, K. SMITH, SOLOBAY, STERN, STURLA, J. TAYLOR, WALKO, WANSACZ, WHEATLEY, YOUNGBLOOD, YUDICHAK AND GALLOWAY, MARCH 25, 2009

REFERRED TO COMMITTEE ON INSURANCE, MARCH 25, 2009  

AN ACT

Amending the act of June 26, 2001 (P.L.755, No.77), entitled "An

act establishing a special fund and account for money

received by the Commonwealth from the Master Settlement

Agreement with tobacco manufacturers; providing for home and

community-based care, for tobacco use prevention and

cessation efforts, for Commonwealth universal research

enhancement, for hospital uncompensated care, for health

investment insurance, for medical assistance for workers with

disabilities, for regional biotechnology research centers,

for the HealthLink Program, for community-based health care

assistance programs, for PACE reinstatement and PACENET

expansion, for medical education loan assistance and for

percentage allocation and appropriation of moneys," further

providing for the definition of "eligible adult."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "eligible adult" in section

1302 of the act of June 26, 2001 (P.L.755, No.77), known as the

Tobacco Settlement Act, is amended to read:

Section 1302.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Eligible adult."  A low-income adult who meets all of the

following:

(1)  Legally resides within the United States.

(2)  Has been domiciled in this Commonwealth for at least

90 days prior to enrollment.

(3)  Is not covered by a health insurance plan, a self-

insurance plan or a self-funded plan.

(4)  Has not been covered by a health insurance plan, a

self-insurance plan or a self-funded plan during the three

months immediately preceding the determination of eligibility

except when one of the following apply:

(i)  The low-income adult is eligible to receive

benefits pursuant to the act of December 5, 1936 (2nd

Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment

Compensation Law.

(ii)  The low-income adult was covered under one of

the above plans but at the time of application for

coverage is no longer employed and is ineligible to

receive benefits pursuant to the Unemployment

Compensation Law.

(iii)  The low-income adult is the spouse of a person

who meets either of the exceptions set forth in

subparagraph (i) or (ii) and both the eligible adult and

the spouse are low income and applying for coverage.

(5)  Is ineligible for medical assistance or Medicare.

(6)  Has been determined eligible for the adult basic

coverage insurance program but has been placed on the waiting

list for coverage in accordance with section 1303(d) and,

subsequent to placement on the waiting list, has purchased a

limited-benefit health insurance policy from either a private

or public source that is available only to a person whose

income is less than 200% of the Federal poverty level. When

funding becomes available to offer enrollment in the adult

basic insurance program to such a person, he or she may

immediately enroll and the begin date of coverage will

coincide with the end date of the limited-benefit health

insurance policy previously purchased.

* * *

Section 2.  This act shall take effect in 60 days.