Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to extend the enrollment period for the prescription advantage program, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subsection (A) of section 614 of chapter 26 of the acts of 2003 is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) The open enrollment period which began on August 1, 2003 shall expire on August 31, 2003. There shall also be an open enrollment period from January 1, 2004 through January 31, 2004; provided, however, that the secretary of elder services may establish a cap on the number of individuals enrolled during the open enrollment period if the secretary certifies to the house and senate committees on ways and means not later than December 1, 2003 that without the cap and under the current benefit structure program costs are projected to exceed the fiscal year 2004 appropriation set forth within item 9110-1455. A person shall also be eligible to enroll in the program at any time within a year of reaching age 65. During the open enrollment period, individuals shall be enrolled in the program in the order in which the program receives their completed application.

SECTION 2. The introductory paragraph of subsection (B) of said section 614 of said chapter 26 is hereby amended by striking out the words "Steps that may be taken shall include, but are not limited to" and inserting in place thereof the following words:- In addition to limiting open enrollment as provided in paragraph (i) of subsection (A), steps that may be taken shall include, but be limited to.

SECTION 3. Said subsection (B) of said section 614 of said chapter 26 is hereby further amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) Enrollment: A person shall not be eligible to enroll in the program at any time within a year of reaching age 65.