Pennsylvania Pharmaceutical Assistance Contract to the Elderly (PACE/PACENET)

We received the following letter from the State of Pennsylvania Department of Aging.

The program is funded by the Pennsylvania State Lottery so one would think it is a good benefit for eligible Senior Citizens. But look at the terms and conditions closely! I would not agree to let any one have that carte blanche use of any of my personal health information. I have highlighted provisions I find a bureaucratic over-reach by the State of Pennsylvania. I have also added a few comments (in red).

Would you agree to these terms if they were offered by any other entity? Why the would I agree to them for the State of Pennsylvania?   

CERTIFICATION AND AUTHORIZATION STATEMENTS
Please Read this Information Carefully

I understand that my signature on the application indicates my agreement to the following
provisions:

A.    I authorize the Department of Aging, within its discretion, to release any and all
information in my PACE file as deemed appropriate by the Department. I authorize such
release of information. Do whatever you want whenever you want!

B.     I understand that PACE may provide general information including drug claims and
utilization data to outside sources for research purposes, as deemed appropriate by the
Department. More personal healthcare information released, "as deemed appropriate by the Dept of Aging."

C.     I hereby assign to the Commonwealth of Pennsylvania, in the event of duplicate or
overpayment, any right to drug benefits to which I may be entitled under any other plan of
government assistance or insurance from any for-profit third party in-surer. Assign any right to drug benefits to which I may be entitled under any other plan

D.    I hereby waive the confidentiality of any health care information found in any Medicare
Advantage plan (HMO), third party insurer's file or any other information from any health
care source about my medications as witnessed by my signature on this application. I
authorize such release of information for use consistent with this application. I
understand that PACE may contact my physician for relevant medical history and
information related to my prescription drugs paid for by PACE. I waive the confidentiality
of such medical records and authorize their release to the PACE program.   I hereby waive the confidentiality of any health care information found in any Medicare Advantage plan (HMO), third party insurer's file or any other information from any health care source about my medications 

E.     I agree to forgo any payment from any insurance company for any amount which has
been paid by PACE on my behalf.

F.      I authorize the Internal Revenue Service, the Social Security Administration, the U.S.

Railroad Retirement Board, the PA Dept. of Revenue, the PA Dept. of Transportation, the
Public School Employees' Retirement System, the State Employees' Retirement System,
any other federal or state agency and any other financial or other institution or entity with
information on my income or resources to release information to the PACE program that
will verify my eligibility for the PACE program or for the low income subsidy of the federal
Medicare prescription drug benefit-All information released to the Department of Aging
shall remain confidential in accordance with 72 P.S. § 3761-517(b).

G.    I authorize the Department of Aging or its designee to act as my representative for
determining my eligibility and applying for the low income subsidy of the Medicare
prescription drug benefit, enrolling me in the Medicare prescription drug plan that best fits
my prescription needs, handling any and all aspects of Part D on my behalf consistent
with federal law, and, if I am a PACE enrollee, paying the premium of the selected
Medicare prescription drug plan that is less than or equal to the regional benchmark
premium. Enrolling me in the Medicare prescription drug plan that best fits my prescription needs, handling any and all aspects of Part D on my behalf consistent with federal law,

Where the applicant(s) executed a Power of Attorney or is adjudicated incapacitated, the
Department of Aging shall accept the Attorney-In-Fact or court-appointed Guardian as an
authorized agent for the purpose of documenting enrollment. Power of Attorney or
Guardianship documentation must be provided.