Washington-- U.S. Senators Evan Bayh (D-IN) and Jeff Bingaman (D-NM) today announced plans to introduce legislation that will ensure that seniors receive their much-needed prescriptions while problems with the new Medicare prescription drug plan are resolved. The Medicare Prescription Emergency Guarantee Act is designed to protect seniors from being forced to leave their pharmacies empty-handed as a result of confusion, lost enrollments, and other problems connected with the private drug plan.

"Hundreds of Hoosiers have contacted my office confused over the new program, with some reporting that they were unable to purchase their much-needed medications," Senator Bayh, a member of the Aging Committee, said. "They deserve better than that. While the problems in the Medicare plan are worked out, this legislation will provide our seniors with the peace of mind that their prescriptions will still be available, while ensuring a more straight-forward, understandable system for the future."

"The Medicare prescription drug plan has been poorly implemented and has left seniors and disabled Americans bewildered, frustrated, and in too many cases without their medications. This legislation takes a major step toward fixing both short-term and long-term problems," Bingaman said.

Bayh and Bingaman plan to introduce their legislation later this week. Similar legislation will also be introduced this week in the House by a coalition led by Congressman John Dingell (D-MI) and Minority Leader Nancy Pelosi (D-CA). The Medicare Prescription Emergency Guarantee Act would:

· Require all private drug plans to provide an initial prescription of up to 60 days

· Allow pharmacists to bill Medicare for the short-term prescription when their prescription is not covered or the pharmacist cannot confirm their enrollment

· Require that uniform, standard notice be provided to any senior whose medication is not covered by their plan detailing how to appeal the plan's decision

· Protect against the "bait and switch" practice, where private plans drop a covered drug from their plan or increase costs after a senior has signed up for a plan

· Require Medicare reimbursement for states, charities, and families that have paid for drugs as a result of problems with the Medicare plan

· Allow all seniors and persons with disabilities whose drugs are not covered by the plan to move to a more appropriate private drug plan once during the year

Since the new prescription drug plan took effect January 1st, thousands of senior citizens have encountered difficulties filling their prescriptions. Problems include missing insurance cards, missing information, questions over covered prescriptions and jammed phone lines as pharmacists and seniors attempt to wade through the confusion.

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