71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. SB 9
 
LC 3129/SB 9-A15
 
                      SENATE AMENDMENTS TO
                    A-ENGROSSED SENATE BILL 9
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             July 6
 
  On page 1 of the printed A-engrossed bill, line 2, after '
money;' insert 'limiting expenditures;'.
  In line 4, delete 'in the'.
  In line 5, delete 'College of Pharmacy at Oregon State
University'.
  After line 23, insert:
  ' (3)(a) The College of Pharmacy at Oregon State University
shall operate the Patient Prescription Drug Assistance Program
until June 30, 2003, and may operate the program thereafter
unless the Department of Human Services enters into a contract
described in paragraph (b) of this subsection.
  ' (b) For periods on or after July 1, 2003, the Department of
Human Services may contract with any pharmacy provider to operate
the Patient Prescription Drug Assistance Program.'.
  In line 25, delete '$___ ' and insert '$100,000'.
  On page 2, delete lines 2 through 4 and insert:
  '  { +  SECTION 3. + }  { + As used in this section and
sections 4 and 6 of this 2001 Act:
  ' (1) 'Eligible person' means a resident of this state who:
  ' (a) Is 65 years of age or older;
  ' (b) Has a gross annual income that does not exceed the lesser
of the maximum amount established by the Department of Human
Services by rule or 185 percent of the federal poverty
guidelines;
  ' (c) Has not been covered under any public or private
prescription drug benefit program for the previous six months;
and
  ' (d) Has less than $2,000 in resources.
  ' (2) 'Enrollee' means a person who has been found to be
eligible for the Senior Prescription Drug Assistance Program, who
has paid an enrollment fee of up to $50 and who has a Senior
Prescription Drug Assistance Program enrollment card issued by
the Department of Human Services.
  ' (3) '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.
  ' (4) 'Income' has the meaning given that term in ORS 413.005.
  ' (5) 'Resources' includes but is not limited to cash, checking
and savings accounts, certificates of deposit, money market
funds, stocks and bonds. 'Resources' does not include the primary
residence or car of an eligible person.
  ' (6) 'Senior Prescription Drug Assistance Program price '
means the price of a prescription drug paid by an enrollee that
is equal to or less than the Medicaid price. + }
  '  { +  SECTION 4. + }  { + (1) The Senior Prescription Drug
Assistance Program is created in the Department of Human
Services. The purpose of the program is to provide financial
assistance to eligible persons for the purchase of prescription
drugs.
 
  ' (2) A pharmacy shall charge an enrollee the Senior
Prescription Drug Assistance Program price for a prescription
drug upon presentation of a Senior Prescription Drug Assistance
Program enrollment card.
  ' (3) A pharmacy may charge the enrollee an amount established
by the Department of Human Services to cover the professional
dispensing fee, which may not exceed the fee paid by the state
Medicaid program.
  ' (4) This section does not apply to over-the-counter
medications.
  ' (5) The department shall provide a mechanism to calculate and
transmit the Senior Prescription Drug Assistance Program price to
the pharmacy.
  ' (6) A person seeking to participate in the Senior
Prescription Drug Assistance Program shall apply annually by
completing and mailing a one-page application and including
payment of an enrollment fee established by the department, not
to exceed $50. The department shall issue an enrollment card
annually to enrollees of the program. Each individual's
application shall be considered separately, regardless of the
number of persons in the individual's household.
  ' (7) The maximum prescription drug assistance available
annually to an enrollee is $2,000.
  ' (8) Subject to funds available, the Department of Human
Services may adjust the Senior Prescription Drug Assistance
Program price to subsidize up to 50 percent of the Medicaid price
of the prescription drug, using a sliding scale based on the
income and resources of an enrollee.
  ' (9)(a) The department shall adopt rules that:
  ' (A) Identify critical access pharmacies; and
  ' (B) Provide for additional reimbursement to critical access
pharmacies that participate in the Senior Prescription Drug
Assistance Program.
  ' (b) In addition, a critical access pharmacy may charge an
enrollee a fee of not more than $2 per prescription. The $2
charge shall be annually adjusted for inflation using the U.S.
City Average Consumer Price Index, as defined in ORS 316.037. + }
  '  { +  SECTION 5. + }  { + Notwithstanding ORS 323.455 and
section 3, chapter 385, Oregon Laws 1995, if cigarette tax
revenues for the biennium beginning July 1, 2001, that are
dedicated to funding the Oregon Health Plan under ORS 323.455 (4)
and section 3 (3), chapter 385, Oregon Laws 1995, equal $175
million, any additional cigarette tax revenues raised during the
biennium beginning July 1, 2001, that otherwise would be
distributed to the Oregon Health Plan shall be credited to the
Senior Prescription Drug Assistance Fund established under
section 6 of this 2001 Act. + }
  '  { +  SECTION 6. + }  { + The Senior Prescription Drug
Assistance Fund is established separate and distinct from the
General Fund. The Senior Prescription Drug Assistance Fund may
receive any appropriations, allocations, federal moneys or gifts
designated for the Senior Prescription Drug Assistance Program.
The moneys in the Senior Prescription Drug Assistance Fund are
continuously appropriated to the Department of Human Services and
shall be used to reimburse retail pharmacies for subsidized
prices provided to enrollees and to reimburse the department for
the costs of administering the program, including contracted
services costs, computer costs, professional fees paid to
retained pharmacies and other reasonable program costs. Interest
earned on the fund accrues to the fund. + }
  '  { +  SECTION 7. + }  { + Notwithstanding any other law, the
amount of $1 is established for the biennium beginning July 1,
2001, as the maximum limit for payment of expenses from moneys in
the Senior Prescription Drug Assistance Fund for the Senior
Prescription Drug Assistance Program established under section 4
 
of this 2001 Act and the expenses of the Department of Human
Services in administering the program. + }
  '  { +  SECTION 8. + }  { + The Department of Human Services
shall adopt rules necessary to implement section 4 of this 2001
Act. + }
  '  { +  SECTION 9. + }  { + The Department of Human Services
shall seek any waivers from the Centers on Medicare and Medicaid
Services necessary to implement section 4 of this 2001 Act. + }
  '  { +  SECTION 10. + }  { + The Department of Human Services
may contract with a pharmacy provider or a pharmacy benefits
manager to provide services under the Senior Prescription Drug
Assistance Program established under section 4 of this 2001
Act. + }
  '  { +  SECTION 11. + }  { + 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 on its passage. + } ' .
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