CHAPTER 157
HOUSE Substitute for SENATE BILL No. 268
An Act concerning the senior pharmacy assistance program;
authorizing certain rules and
regulations; prescribing powers, duties and functions for the
secretary of aging; amend-
ing K.S.A. 2002 Supp. 75-5961 and repealing the existing section;
also repealing K.S.A.
2002 Supp. 75-5962.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2002 Supp.
75-5961 is hereby amended to read as
follows: 75-5961. (a) Within the limits of appropriations therefor,
the
secretary of aging shall establish a senior pharmacy assistance
program in
accordance with the provisions of this section. The senior pharmacy
as-
sistance program shall provide financial assistance to eligible
individuals
for the purchase of prescription drugs.
(b) The secretary of aging shall adopt
rules and regulations establish-
ing eligibility for the senior pharmacy assistance program subject
to the
following criteria:
(1) An individual to be eligible for the
program must be 67 65 years
of age or older,
(2) unless modified as provided
in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, an eligible individual's
income must not exceed
150% 200% of the federal poverty guidelines
for a one person family unit
and the individual's household income must not exceed
150% 200% of
the federal poverty guidelines for a two person family unit,
(3) an eligible individual must not
qualify for funding from any other
local, state or federal prescription drug program,
(4) an eligible individual must not be
covered under any private pre-
scription reimbursement plan, and
(5) an eligible individual must not have
voluntarily canceled a local,
state or federal prescription drug program or a private
prescription re-
imbursement plan, except in an incidence of financial
hardship, within
six months prior to application for enrollment in the senior
pharmacy
assistance program,
(6) unless modified as provided
in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, prescription drugs eligible for
reimbursement shall
be limited to maintenance drugs for specified disease
states,
(7) a copayment of 30% of the
cost of each prescription shall be
established,
(8) unless modified as provided
in K.S.A. 2002 Supp. 75-5962 and
amendments thereto, a maximum annual drug benefit of $1,200
shall be
established for each eligible individual,
and
(9) the pharmacy cost
reimbursement and dispensing fee shall be
established by the secretary of aging.
(c) The secretary of aging shall adopt
rules and regulations as nec-
essary to implement the provisions of the senior pharmacy
assistance pro-
gram at a level that can be supported within appropriated funds
available
therefor. The secretary of aging shall adopt rules and
regulations which
establish the benefits, limitations and cost-sharing
requirements for the
senior pharmacy assistance program. Enrollment in the
program shall be
in accordance with applications and procedures established by the
sec-
retary of aging.
(d) Appropriations for the senior
pharmacy assistance program shall
be from the interest or earnings from the senior services
trust fund and
shall be made in accordance with appropriation
acts The provisions of
this section and the senior pharmacy assistance program are
hereby sus-
pended on the day upon which payments commence under any
federal
law enacted on or after the effective date of this act which
provides fi-
nancial assistance for the purchase of prescription drugs to
individuals
eligible for financial assistance for the purchase of
prescription drugs.
(e) As used in this
section:
(1) ``Income'' means income from
whatever source derived; and
(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.
Sec. 2. K.S.A. 2002 Supp. 75-5961 and 75-5962 are
hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved May 22, 2003.
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