Senate Bill sb2322c1
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Florida Senate - 2003 CS for SB 2322
By the Committee on Appropriations; and Senator Peaden
309-2331-03
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
9 manufacturers' pharmaceutical assistance
10 programs; providing implementation and
11 oversight duties of the Department of Elderly
12 Affairs; providing for community partnerships;
13 providing for contracts; requiring annual
14 evaluation reports on the program; specifying
15 that the program is not an entitlement;
16 providing an appropriation and authorizing a
17 position; providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Section 430.83, Florida Statutes, is
22 created to read:
23 430.83 Sunshine for Seniors Program.--
24 (1) POPULAR NAME.--This section shall be known by the
25 popular name "The Sunshine for Seniors Act."
26 (2) DEFINITIONS.--As used in this section, the term:
27 (a) "Application assistance organization" means any
28 private organization that assists individuals with obtaining
29 prescription drugs through manufacturers' pharmaceutical
30 assistance programs.
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Florida Senate - 2003 CS for SB 2322
309-2331-03
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 CS for SB 2322
309-2331-03
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 intake
6 form to be completed by seniors who wish to participate in the
7 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 when
16 applicants may be eligible for other state programs and refer
17 them to the proper entity for eligibility determination for
18 such programs.
19 (f) Shall seek federal funds to help fund the Sunshine
20 for Seniors Program.
21 (g) May seek federal waivers to help fund the Sunshine
22 for Seniors Program.
23 (6) COMMUNITY PARTNERSHIPS.--The Department of Elderly
24 Affairs may build private-sector and public-sector
25 partnerships with corporations, hospitals, physicians,
26 pharmacists, foundations, volunteers, state agencies,
27 community groups, area agencies on aging, and any other
28 entities that will further the intent of this section. These
29 community partnerships may also be used to facilitate other
30 pro bono benefits for eligible individuals, including, but not
31 limited to, medical, dental, and prescription services.
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Florida Senate - 2003 CS for SB 2322
309-2331-03
1 (7) CONTRACTS.--The Department of Elderly Affairs may
2 select and contract with application assistance organizations
3 to assist eligible individuals in obtaining their prescription
4 drugs through the manufacturers' pharmaceutical assistance
5 programs. If the department contracts with an application
6 assistance organization, the department shall evaluate
7 quarterly the performance of the application assistance
8 organization to ensure compliance with the contract and the
9 quality of service provided to eligible individuals.
10 (8) REPORTS AND EVALUATIONS.--By January 1 of each
11 year, while the Sunshine for Seniors Program is operating, the
12 Department of Elderly Affairs shall report to the Legislature
13 regarding the implementation and operation of the Sunshine for
14 Seniors Program.
15 (9) NONENTITLEMENT.--The Sunshine for Seniors Program
16 established by this section is not an entitlement. If funds
17 are insufficient to assist all eligible individuals, the
18 Department of Elderly Affairs may develop a waiting list
19 prioritized by application date.
20 Section 2. The sum of $226,660 is appropriated from
21 the General Revenue Fund to the Department of Elderly Affairs,
22 and one position is authorized, to implement this act during
23 the 2003-2004 fiscal year.
24 Section 3. This act shall take effect upon becoming a
25 law.
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Florida Senate - 2003 CS for SB 2322
309-2331-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2322
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4 The Committee Substitute clarifies that duties of the program
include training volunteers to determine when applicants may
5 be eligible for other state programs and referring them for
eligibility determination.
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The bill appropriates $226,660 from the General Revenue Fund
7 to the Department of Elderly Affairs and authorizes one
position during FY 2003-04.
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