PART A

Sec. A-1. 22 MRSA §254, 3rd ¶, as enacted by PL 2001, c. 691, §1 and affected by §6, is amended to read:

The commissioner shall make available suitable applications with instructions for applicants. By submitting an application or participating in a review to redetermine eligibility for benefits under this section, the applicant agrees that, if the applicant is determined eligible for benefits under this section, the department may provide assistance to the applicant in securing benefits under Medicare D and may serve as the authorized representative of the applicant for the purpose of enrollment in any Medicare D plan.__The department may choose in which Medicare D plan, options or coverage to enroll the applicant and may choose to apply for any available subsidies on behalf of the applicant. The department shall adopt rules that describe the circumstances in which an applicant eligible for benefits under this section retains the right to enroll or make other choices in connection with Medicare D coverage.

Sec. A-2. 22 MRSA §254, sub-§1-A, ¶B, as enacted by PL 2001, c. 691, §1 and affected by §6, is amended to read:

B. An individual does not receive full MaineCare pharmaceutical benefits;.

Sec. A-3. 22 MRSA §254, sub-§1-A, ¶¶C and D are enacted to read:

C.__Beginning January 1, 2006, an individual is not eligible for Medicare D benefits or the individual is eligible but Medicare D does not provide coverage for the drugs needed by the individual.

D.__An individual is eligible for Mainecare and Medicare D.__ With regard to eligibility under this paragraph, an individual may receive only wrap services as provided in subsection 13 and rules adopted by the department;

Sec. A-4. 22 MRSA §254, sub-§11-A, as enacted by PL 2001, c. 691, §1 and affected by §6, is amended to read:

11-A. Retention of eligibility. A person who was eligible for the program at any time from August 1, 1998 to July 31, 1999 and who does not meet the requirements of subsection 10 retains eligibility for the program if that person is a member of a household of an eligible person; and