HB 0001, Engrossed 1 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, which shall be available in English, Spanish,
63	and Creole, to be completed by seniors who wish to participate
64	in the Sunshine for Seniors Program.
65	(c) May request proposals from application assistance
66	organizations to assist eligible individuals with obtaining
67	prescription drugs through manufacturers’ pharmaceutical
68	assistance programs.
69	(d) Shall train volunteers to help eligible individuals
70	fill out applications for the manufacturers’ pharmaceutical
71	assistance programs.
72	(e) Shall train volunteers to determine if applicants are
73	available for other state programs.
74	(f) Shall seek federal funds to help fund the Sunshine for
75	Seniors Program.
76	(g) May seek federal waivers to help fund the Sunshine for
77	Seniors Program.
78	(6) COMMUNITY PARTNERSHIPS.--The Department of Elderly
79	Affairs may build private-sector and public-sector partnerships
80	with corporations, hospitals, physicians, pharmacists,
81	foundations, volunteers, state agencies, community groups, area
82	agencies on aging, and any other entities that will further the
83	intent of this section. These community partnerships may also be
84	used to facilitate other pro bono benefits for eligible
85	individuals, including, but not limited to, medical, dental, and
86	prescription services.
87	(7) CONTRACTS.--The Department of Elderly Affairs may
88	select and contract with application assistance organizations to
89	assist eligible individuals in obtaining their prescription
90	drugs through the manufacturers’ pharmaceutical assistance
91	programs. If the department contracts with an application
92	assistance organization, the department shall evaluate quarterly
93	the performance of the application assistance organization to
94	ensure compliance with the contract and the quality of service
95	provided to eligible individuals.
96	(8) REPORTS AND EVALUATIONS.--By January 1 of each year,
97	while the Sunshine for Seniors Program is operating, the
98	Department of Elderly Affairs shall report to the Legislature
99	regarding the implementation and operation of the Sunshine for
100	Seniors Program.
101	(9) NONENTITLEMENT.--The Sunshine for Seniors Program
102	established by this section is not an entitlement. If funds are
103	insufficient to assist all eligible individuals, the Department
104	of Elderly Affairs may develop a waiting list prioritized by
105	application date.
106	Section 2. This act shall take effect upon becoming a law.