Senate Bill sb0420c1
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Florida Senate - 2001 CS for SB 420
By the Committee on Health, Aging and Long-Term Care; and
Senators Brown-Waite and Klein
317-1532-01
1 A bill to be entitled
2 An act relating to the pharmacy discount
3 program; amending s. 409.906, F.S.; authorizing
4 as a new optional Medicaid service the pharmacy
5 discount program, to be administered by the
6 Agency for Health Care Administration;
7 directing the Agency for Health Care
8 Administration to seek a federal Medicaid
9 waiver for the pharmacy discount program;
10 specifying program eligibility and eligibility
11 determination; specifying the means of deriving
12 the subsidy for program participants; providing
13 an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsection (25) is added to section
18 409.906, Florida Statutes, to read:
19 409.906 Optional Medicaid services.--Subject to
20 specific appropriations, the agency may make payments for
21 services which are optional to the state under Title XIX of
22 the Social Security Act and are furnished by Medicaid
23 providers to recipients who are determined to be eligible on
24 the dates on which the services were provided. Any optional
25 service that is provided shall be provided only when medically
26 necessary and in accordance with state and federal law.
27 Nothing in this section shall be construed to prevent or limit
28 the agency from adjusting fees, reimbursement rates, lengths
29 of stay, number of visits, or number of services, or making
30 any other adjustments necessary to comply with the
31 availability of moneys and any limitations or directions
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 420
317-1532-01
1 provided for in the General Appropriations Act or chapter 216.
2 If necessary to safeguard the state's systems of providing
3 services to elderly and disabled persons and subject to the
4 notice and review provisions of s. 216.177, the Governor may
5 direct the Agency for Health Care Administration to amend the
6 Medicaid state plan to delete the optional Medicaid service
7 known as "Intermediate Care Facilities for the Developmentally
8 Disabled." Optional services may include:
9 (25) PHARMACY DISCOUNT PROGRAM.--Subject to specific
10 federal authorization, the agency shall administer a program
11 to provide subsidized discounts for Medicare-covered and
12 uninsured individuals, for the purchase of prescribed drugs
13 pursuant to the terms of a federal waiver for such services.
14 The program shall serve to provide a subsidy to those who
15 purchase prescription drugs via the program, and shall not
16 create an entitlement.
17 Section 2. The Agency for Health Care Administration
18 shall submit to the federal Health Care Financing
19 Administration a request for a service coverage waiver
20 specific to a pharmacy discount program for those residents of
21 this state age 65 and over who are eligible for Medicare and
22 who have incomes up to 300 percent of the federal poverty
23 level who do not have a health insurance program that includes
24 a prescription drug benefit, or any separate prescription drug
25 benefit. The Department of Children and Family Services shall
26 determine eligibility for the pharmacy discount program.
27 Individuals in this expanded coverage group shall receive a
28 financial subsidy for prescription drugs equal to the average
29 rebate, and any supplemental rebate, paid to the Medicaid
30 program by pharmaceutical manufacturers.
31 Section 3. This act shall take effect October 1, 2001.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 420
317-1532-01
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 420
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4 The bill no longer establishes a medication purchasing
cooperative administered by the Agency for Health Care
5 Administration. The bill creates the Pharmacy Discount
Program, a new optional Medicaid service, subject to specific
6 federal authorization. Under the program, eligible individuals
will receive a financial subsidy for prescription drugs equal
7 to the average rebate and any supplemental rebate paid to the
Medicaid program by pharmaceutical manufacturers. Eligibility
8 for the program is extended to Medicare beneficiaries and
uninsured persons who are Florida residents age 65 and over
9 and who have incomes up to 300 percent of the federal poverty
level and who do not have a health insurance program that
10 includes a prescription drug benefit or any separate
prescription drug benefit.
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The Agency for Health Care Administration must submit a
12 request to the federal Health Care Financing Administration
for a service coverage waiver specific to the pharmacy
13 discount program. The Department of Children and Family
Services must determine eligibility for the pharmacy discount
14 program.
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