72 Pa. Stat. § 3761-535

Current through Pa Acts 2024-35, 2024-56
Section 3761-535 - Financial resource information
(a) Procedure.--The department may obtain information on the financial resources of a Part D eligible individual for the purpose of determining the individual's potential eligibility for the LIS. The authority granted under this subsection shall be exercised only with respect to a Part D eligible individual who has income which is below the applicable threshold established by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108-173, 117 Stat. 2066) for qualification under the LIS.
(b) Waiver.--An application by a Part D eligible individual for enrollment in the program shall constitute a waiver to the department of relevant confidentiality requirements relating to the prospective claimant's financial resources in the possession of any Commonwealth agency or third party when the information is required for the purposes listed under subsection (a). This waiver shall extend to the application phase and throughout the entire time the claimant is in the program.
(c) Information confidential.--
(1) It shall be unlawful for an officer, agent or employee of the department to divulge or make known information obtained from a Commonwealth agency or third party except for the purposes under subsection (a).
(2) A person that violates this subsection commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both, and to pay the costs of prosecution. If the offender is an officer or employee of the Commonwealth, the offender shall be dismissed from office or discharged from employment.
(d) Upon request of the claimant, the department shall provide a copy of any and all filings that are processed or submitted under this subchapter.

72 P.S. § 3761-535

1971, Aug. 26, P.L. 351, No. 91, §535, added 2006 , July 7, P.L. 1061, No. 111, § 11, imd. effective.