71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3963
 
                         House Bill 3873
 
Sponsored by Representative STARR
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates Senior Prescription Drug Cash Assistance Program in
Department of Human Services.
  Appropriates moneys from General Fund to Department of Human
Services for program.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to prescription drugs; appropriating money; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 3 of this 2001 Act:
  (1) 'Eligible person' means a resident of the state who:
  (a) Is 65 years of age or older;
  (b) Has a gross annual income of not more than 135 percent of
the federal poverty guidelines; and
  (c) Is not covered under any public or private prescription
drug benefit program.
  (2) 'Federal poverty guidelines' means the most recent poverty
guidelines as published annually in the Federal Register by the
United States Department of Health and Human Services.
  (3) 'Income' has the meaning given that term in ORS
413.005. + }
  SECTION 2.  { + (1) The Senior Prescription Drug Cash
Assistance Program is created in the Department of Human
Services. The purpose of the program is to provide a cash refund
for out-of-pocket prescription drug expenses incurred by an
eligible person.
  (2) An eligible person shall be reimbursed for 50 percent of
the person's annual prescription drug expenses:
  (a) Up to $1,000 if the eligible person's income is below 100
percent of federal poverty guidelines;
  (b) Up to $750 if the eligible person's income is between 100
percent and 120 percent of federal poverty guidelines; and
  (c) Up to $500 if the eligible person's income is between 120
percent and 135 percent of federal poverty guidelines. + }
  SECTION 3.  { + (1) The Department of Human Services shall
distribute applications for the Senior Prescription Drug Cash
Assistance Program at local department offices, senior centers,
pharmacies, area agencies on aging and disabilities, libraries
and other locations readily accessible to seniors.
 
  (2) A resident 65 years of age or older or an authorized
representative may apply to the department for a refund
certificate. Within 45 days of receipt of an application, the
department shall determine whether an applicant is eligible for a
refund certificate and:
  (a) Mail the applicant a refund certificate; or
  (b) Notify the applicant in writing that the applicant is not
eligible.
  (3) To obtain a cash refund, an eligible person must mail the
refund certificate, with a pharmacy printout showing what the
person spent on prescription drugs during the benefit period, to
the address provided by the department on the refund certificate.
  (4) The department shall process refund certificates
quarterly. + }
  SECTION 4.  { + The Department of Human Services shall adopt
rules necessary to implement and administer sections 1 to 3 of
this 2001 Act. + }
  SECTION 5.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $_____, for the purpose of carrying
out sections 1 to 3 of this 2001 Act. + }
  SECTION 6.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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