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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CODING: Words stricken are deletions; words underlined are additions.
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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