Senate Bill sb2322

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    Florida Senate - 2003                                  SB 2322

    By Senator Peaden





    2-648-03                                              See HB 1

  1                      A bill to be entitled

  2         An act relating to assistance in obtaining

  3         prescription drugs; creating s. 430.83, F.S.;

  4         providing a popular name; providing

  5         definitions; providing legislative findings and

  6         intent; creating the Sunshine for Seniors

  7         Program to assist low-income seniors with

  8         obtaining prescription drugs from manufacturers

  9         pharmaceutical assistance programs; providing

10         implementation and oversight duties of the

11         Department of Elderly Affairs; providing for

12         community partnerships; providing for

13         contracts; requiring annual evaluation reports

14         on the program; specifying that the program is

15         not an entitlement; providing an effective

16         date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 430.83, Florida Statutes, is

21  created to read:

22         430.83  Sunshine for Seniors Program.--

23         (1)  POPULAR NAME.--This section shall be known by the

24  popular name "The Sunshine for Seniors Act."

25         (2)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Application assistance organization" means any

27  private organization that assists individuals with obtaining

28  prescription drugs through manufacturers' pharmaceutical

29  assistance programs.

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    Florida Senate - 2003                                  SB 2322
    2-648-03                                              See HB 1




 1         (b)  "Eligible individual" means any individual who is

 2  60 years of age or older who lacks adequate pharmaceutical

 3  insurance coverage.

 4         (c)  "Manufacturers' pharmaceutical assistance program"

 5  means any program offered by a pharmaceutical manufacturer

 6  which provides low-income individuals with prescription drugs

 7  free or at reduced prices, including, but not limited to,

 8  senior discount card programs and patient assistance programs.

 9         (3)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

10  finds that the pharmaceutical manufacturers, seeing a need,

11  have created charitable programs to aid low-income seniors

12  with the cost of prescription drugs. The Legislature also

13  finds that many low-income seniors are unaware of such

14  programs or either do not know how to apply for or need

15  assistance in completing the applications for such programs.

16  Therefore, it is the intent of the Legislature that the

17  Department of Elderly Affairs, in consultation with the Agency

18  for Health Care Administration, implement and oversee the

19  Sunshine for Seniors Program to help seniors in accessing

20  manufacturers pharmaceutical assistance programs.

21         (4)  SUNSHINE FOR SENIORS PROGRAM.--There is

22  established a program to assist low-income seniors with

23  obtaining prescription drugs from manufacturers

24  pharmaceutical assistance programs, which shall be known as

25  the "Sunshine for Seniors Program." Implementation of the

26  program is subject to the availability of funding and any

27  limitations or directions provided for by the General

28  Appropriations Act or chapter 216.

29         (5)  IMPLEMENTATION AND OVERSIGHT DUTIES.--In

30  implementing and overseeing the Sunshine for Seniors Program,

31  the Department of Elderly Affairs:

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    Florida Senate - 2003                                  SB 2322
    2-648-03                                              See HB 1




 1         (a)  Shall promote the availability of manufacturers

 2  pharmaceutical assistance programs to eligible individuals

 3  with various outreach initiatives.

 4         (b)  Shall, working cooperatively with pharmaceutical

 5  manufacturers and consumer advocates, develop a uniform

 6  application form to be completed by seniors who wish to

 7  participate in the Sunshine for Seniors Program.

 8         (c)  May request proposals from application assistance

 9  organizations to assist eligible individuals with obtaining

10  prescription drugs through manufacturers' pharmaceutical

11  assistance programs.

12         (d)  Shall train volunteers to help eligible

13  individuals fill out applications for the manufacturers

14  pharmaceutical assistance programs.

15         (e)  Shall train volunteers to determine if applicants

16  are available for other state programs.

17         (f)  Shall seek federal funds to help fund the Sunshine

18  for Seniors Program.

19         (g)  May seek federal waivers to help fund the Sunshine

20  for Seniors Program.

21         (6)  COMMUNITY PARTNERSHIPS.--The Department of Elderly

22  Affairs may build private-sector and public-sector

23  partnerships with corporations, hospitals, physicians,

24  pharmacists, foundations, volunteers, state agencies,

25  community groups, area agencies on aging, and any other

26  entities that will further the intent of this section. These

27  community partnerships may also be used to facilitate other

28  pro bono benefits for eligible individuals, including, but not

29  limited to, medical, dental, and prescription services.

30         (7)  CONTRACTS.--The Department of Elderly Affairs may

31  select and contract with application assistance organizations

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    Florida Senate - 2003                                  SB 2322
    2-648-03                                              See HB 1




 1  to assist eligible individuals in obtaining their prescription

 2  drugs through the manufacturers pharmaceutical assistance

 3  programs. If the department contracts with an application

 4  assistance organization, the department shall evaluate

 5  quarterly the performance of the application assistance

 6  organization to ensure compliance with the contract and the

 7  quality of service provided to eligible individuals.

 8         (8)  REPORTS AND EVALUATIONS.--By January 1 of each

 9  year, while the Sunshine for Seniors Program is operating, the

10  Department of Elderly Affairs shall report to the Legislature

11  regarding the implementation and operation of the Sunshine for

12  Seniors Program.

13         (9)  NONENTITLEMENT.--The Sunshine for Seniors Program

14  established by this section is not an entitlement. If funds

15  are insufficient to assist all eligible individuals, the

16  Department of Elderly Affairs may develop a waiting list

17  prioritized by application date.

18         Section 2.  This act shall take effect upon becoming a

19  law.

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