Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
12
NO:
0
MR. SPEAKER:
Your Committee on Public Health , to which was referred Senate Bill 107 ,
has had the same under consideration and begs leave to report the same back to the House
with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
health and to make an appropriation.
SOURCE: Page 1, line 1; (02)CR010701.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-12-8-2; (02)CR010701.1. -->
"SECTION 1.
IC 4-12-8-2
, AS AMENDED BY P.L.291-2001,
SECTION 70, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 2. (a) The Indiana prescription
drug account is established within the Indiana tobacco master
settlement agreement fund for the purpose of providing access to
needed prescription drugs to ensure the health and welfare of Indiana's
low-income senior citizens. The account consists of:
(1) amounts to be distributed to the account from the Indiana
tobacco master settlement agreement fund;
(2) appropriations to the account from other sources;
and
(3)
rebates for the Indiana prescription drug program
established under
IC 12-10-16
; and
(4) grants, gifts, and donations intended for deposit in the
account.
(b) The account shall be administered by the budget agency.
Expenses for administration and benefits under the Indiana
prescription drug program established under
IC 12-10-16
shall be paid
from the account. Money in the account at the end of the state fiscal
year does not revert to the state general fund or the Indiana tobacco
master settlement agreement fund but is annually appropriated
and remains available for expenditure for the Indiana prescription
drug program.
(c) Money in the account may be used to match federal funds
for the Indiana prescription drug program established under
IC 12-10-16.
SOURCE: IC 12-10-16-3; (02)CR010701.2. -->
SECTION 2.
IC 12-10-16-3
, AS ADDED BY P.L.21-2000,
SECTION 8, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3. (a) The office of the secretary
shall administer a program implementing the recommendations of the
prescription drug advisory committee to provide access to needed
pharmaceuticals to ensure the health and welfare of Indiana's
low-income senior citizens.
(b) An Indiana resident is eligible to participate in the program
under the Medicaid waiver if the resident meets the following
criteria:
(1) The resident is at least sixty-five (65) years of age.
(2) The resident has a family income of not more than two
hundred percent (200%) of the federal poverty level, without
regard to the resident's countable assets.
(3) The resident has completed the application prescribed by
the office.
(4) The resident meets the conditions required by the
Medicaid waiver.
(c) An Indiana resident is eligible to participate in the program
if the resident meets the following criteria:
(1) The resident is at least sixty-five (65) years of age.
(2) The resident has a family income of not more than two
hundred percent (200%) of the federal poverty level.
(3) The resident has completed the application prescribed by
the office.
SOURCE: IC 12-10-16-7; (02)CR010701.3. -->
SECTION 3.
IC 12-10-16-7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 7. The office shall establish, for each individual in the
program, an annual prescription drug benefit that is at least one
thousand dollars ($1,000) and not more than two thousand dollars
($2,000).".
SOURCE: Page 2, line 7; (02)CR010701.2. -->
Page 2, between lines 7 and 8, begin a new line block indented and
insert:
" (9) A township trustee.".
Page 2, line 8, strike "(9) Three (3)" and insert " (10) Two (2)".
Page 3, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: ; (02)CR010701.6. -->
"SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning.
(b) Before the office may submit an application for a federal
Medicaid waiver that will have an effect on the Indiana
prescription drug program established by
IC 12-10-16-3
, as
amended by this act, the office must submit the proposed Medicaid
waiver to the prescription drug advisory committee. The Indiana
prescription drug advisory committee shall review and allow
public comment on the proposed Medicaid waiver.
(c) Any prescription drug program implemented or established
by the office or a contractor of the office under this SECTION
must provide unrestricted access to prescription drugs for the
recipients in the Indiana prescription drug program.
(d) The office or a contractor of the office may not use programs
to limit or restrict access to the prescription drugs in the Indiana
prescription drug program, including the use of prior
authorization, prescription quantity limits, or a preferred drug list.
(e) This SECTION expires December 31, 2004.
SOURCE: ; (02)CR010701.7. -->
SECTION 7. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by
IC 12-8-6-1.
(b) Before July 1, 2002, the office shall apply to the United
States Department of Health and Human Services for approval of
any waiver necessary to fund prescription drugs under the Indiana
prescription drug program established by
IC 12-10-16-3
, as
amended by this act.
(c) The office may not implement the waiver until the office files
an affidavit with the governor attesting that the federal waiver
applied for under this SECTION is in effect. The office shall file the
affidavit under this subsection not later than five (5) days after the
office is notified that the waiver is approved.
(d) If the office receives a waiver under this SECTION from the
United States Department of Health and Human Services and the
governor receives the affidavit filed under subsection (c), the office
shall implement the waiver not more than sixty (60) days after the
governor receives the affidavit.
SOURCE: ; (02)CR010701.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2002] (a) There is
appropriated from the Indiana tobacco master settlement
agreement fund (IC 4-12-1-14.3) fifteen million five hundred
sixteen thousand six hundred eighteen dollars ($15,516,618) to the
Indiana prescription drug account. The budget agency shall allot
the money appropriated in this subsection for the Indiana
prescription drug account.
(b) Notwithstanding
IC 4-12-1-14.3
, the amount appropriated
under subsection (a) is the remainder of the amount appropriated
under P.L.21-2000, SECTION 12 for the Indiana prescription drug
program that was not placed in the Indiana prescription drug
account and does not count against the maximum amount of
expenditures, transfers, or distributions that may be made from
the Indiana tobacco master settlement agreement fund during the
state fiscal year.
(c) This SECTION expires July 1, 2004.
SOURCE: ; (02)CR010701.9. -->
SECTION 9. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "office" refers to the office the secretary of family and
social services.
(b) As used in this SECTION, "point of sale system" means a
system that uses an electronic hardware device that is:
(1) operated by a pharmacist on behalf of the office; and
(2) capable of reading information on a card that is issued by
the office and providing an immediate prescription drug
benefit to the eligible recipient.
(c) Before July 1, 2002, the office shall establish and implement
a point of sale system for the Indiana prescription drug program
established by
IC 12-10-16-3.
(d) This SECTION expires July 1, 2002.".
Renumber all SECTIONS consecutively.
(Reference is to SB 107 as printed January 18, 2002.)
and when so amended that said bill do pass.
__________________________________
CR010701/DI 77 2002