HB 0001 2003
   
1 A bill to be entitled
2          An act relating to assistance in obtaining prescription
3    drugs; creating s. 430.83, F.S.; providing a popular name;
4    providing definitions; providing legislative findings and
5    intent; creating the Sunshine for Seniors Program to
6    assist low-income seniors with obtaining prescription
7    drugs from manufacturers’ pharmaceutical assistance
8    programs; providing implementation and oversight duties of
9    the Department of Elderly Affairs; providing for community
10    partnerships; providing for contracts; requiring annual
11    evaluation reports on the program; specifying that the
12    program is not an entitlement; providing an effective
13    date.
14         
15          Be It Enacted by the Legislature of the State of Florida:
16         
17          Section 1. Section 430.83, Florida Statutes, is created to
18    read:
19          430.83 Sunshine for Seniors Program.--
20          (1) POPULAR NAME.--This section shall be known by the
21    popular name "The Sunshine for Seniors Act."
22          (2) DEFINITIONS.--As used in this section, the term:
23          (a) "Application assistance organization" means any
24    private organization that assists individuals with obtaining
25    prescription drugs through manufacturers’ pharmaceutical
26    assistance programs.
27          (b) "Eligible individual" means any individual who is 60
28    years of age or older who lacks adequate pharmaceutical
29    insurance coverage.
30          (c) "Manufacturers’ pharmaceutical assistance program"
31    means any program offered by a pharmaceutical manufacturer that
32    provides low-income individuals with prescription drugs free or
33    at reduced prices, including, but not limited to, senior
34    discount card programs and patient assistance programs.
35          (3) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
36    finds that the pharmaceutical manufacturers, seeing a need, have
37    created charitable programs to aid low-income seniors with the
38    cost of prescription drugs. The Legislature also finds that many
39    low-income seniors are unaware of such programs or either do not
40    know how to apply for or need assistance in completing the
41    applications for such programs. Therefore, it is the intent of
42    the Legislature that the Department of Elderly Affairs, in
43    consultation with the Agency for Health Care Administration,
44    implement and oversee the Sunshine for Seniors Program to help
45    seniors in accessing manufacturers’ pharmaceutical assistance
46    programs.
47          (4) SUNSHINE FOR SENIORS PROGRAM.--There is established a
48    program to assist low-income seniors with obtaining prescription
49    drugs from manufacturers’ pharmaceutical assistance programs,
50    which shall be known as the "Sunshine for Seniors Program."
51    Implementation of the program is subject to the availability of
52    funding and any limitations or directions provided for by the
53    General Appropriations Act or chapter 216.
54          (5) IMPLEMENTATION AND OVERSIGHT DUTIES.--In implementing
55    and overseeing the Sunshine for Seniors Program, the Department
56    of Elderly Affairs:
57          (a) Shall promote the availability of manufacturers’
58    pharmaceutical assistance programs to eligible individuals with
59    various outreach initiatives.
60          (b) Shall, working cooperatively with pharmaceutical
61    manufacturers and consumer advocates, develop a uniform
62    application form to be completed by seniors who wish to
63    participate in the Sunshine for Seniors Program.
64          (c) May request proposals from application assistance
65    organizations to assist eligible individuals with obtaining
66    prescription drugs through manufacturers’ pharmaceutical
67    assistance programs.
68          (d) Shall train volunteers to help eligible individuals
69    fill out applications for the manufacturers’ pharmaceutical
70    assistance programs.
71          (e) Shall train volunteers to determine if applicants are
72    available for other state programs.
73          (f) Shall seek federal funds to help fund the Sunshine for
74    Seniors Program.
75          (g) May seek federal waivers to help fund the Sunshine for
76    Seniors Program.
77          (6) COMMUNITY PARTNERSHIPS.--The Department of Elderly
78    Affairs may build private-sector and public-sector partnerships
79    with corporations, hospitals, physicians, pharmacists,
80    foundations, volunteers, state agencies, community groups, area
81    agencies on aging, and any other entities that will further the
82    intent of this section. These community partnerships may also be
83    used to facilitate other pro bono benefits for eligible
84    individuals, including, but not limited to, medical, dental, and
85    prescription services.
86          (7) CONTRACTS.--The Department of Elderly Affairs may
87    select and contract with application assistance organizations to
88    assist eligible individuals in obtaining their prescription
89    drugs through the manufacturers’ pharmaceutical assistance
90    programs. If the department contracts with an application
91    assistance organization, the department shall evaluate quarterly
92    the performance of the application assistance organization to
93    ensure compliance with the contract and the quality of service
94    provided to eligible individuals.
95          (8) REPORTS AND EVALUATIONS.--By January 1 of each year,
96    while the Sunshine for Seniors Program is operating, the
97    Department of Elderly Affairs shall report to the Legislature
98    regarding the implementation and operation of the Sunshine for
99    Seniors Program.
100          (9) NONENTITLEMENT.--The Sunshine for Seniors Program
101    established by this section is not an entitlement. If funds are
102    insufficient to assist all eligible individuals, the Department
103    of Elderly Affairs may develop a waiting list prioritized by
104    application date.
105          Section 2. This act shall take effect upon becoming a law.