Session of 2000
By Representatives Findley, Showalter, Garner, Barnes, Burroughs,
                Crow, Feuerborn, Flaharty, Gatewood, Gilbert, Haley, Henderson,
                Kirk, Kuether, Larkin, McClure, McKechnie, Minor, O'Brien, Pauls,
                E. Peterson, Phelps, Reardon, Rehorn, Ruff, Sharp, Spangler, Storm,
                Tedder, Toelkes and Wells

15             AN  ACT establishing a senior pharmacy assistance program; providing
16             for administration of the program by the secretary of aging.
18       Be it enacted by the Legislature of the State of Kansas:
19             Section  1. (a) Within the limits of appropriations therefor, the sec-
20       retary of aging shall establish a senior prescription drug assistance pro-
21       gram in accordance with the provisions of this section. From and after
22       July 1, 2001, the senior prescription drug assistance program shall provide
23       financial assistance to eligible individuals for the purchase of prescription
24       drugs. New enrollment in the program during any fiscal year shall cease
25       if the secretary of aging determines that cost of the program will exceed
26       funds appropriated for such program during that fiscal year.
27             (b) To be eligible to participate in this program, each applicant shall:
28             (1) Be at least 65 years of age;
29             (2) have an income which does not exceed 200 percent of the federal
30       poverty guidelines;
31             (3) have been a Kansas resident for at least the six months preceding
32       such applicant's acceptance into this program;
33             (4) be enrolled in medicare part A and part B; and
34             (5) demonstrate that such applicant does not and has not had cov-
35       erage for prescription drugs under any insurance plan regulated by the
36       commissioner of insurance under article 40 of the Kansas Statutes An-
37       notated and amendments thereto.
38             (c) The secretary of aging shall provide each senior with a senior
39       prescription drug assistance program card indicating enrollment in the
40       senior prescription drug assistance program. Eligible seniors shall present
41       this card along with one form of photographic identification to the par-
42       ticipating pharmacy in order to receive the discounted price for the pre-
43       scription. Two forms of identification which do not bear a photograph of


  1       the senior may be used in lieu of any form of photographic identification.
  2             (d) The secretary of aging may establish an annual registration fee
  3       not to exceed $15 for the purposes of administering the senior prescrip-
  4       tion drug assistance program. Any registration fee shall be paid on or
  5       before July 1 of each year. Registration shall expire on June 30 of each
  6       year.
  7             (e) The senior prescription drug program shall not pay for any non-
  8       prescription medications.
  9             (f) Each enrollee shall pay a copayment, established by rule and reg-
10       ulation, in an amount not to exceed 30% of the cost of each prescription.
11             (g) The maximum prescription benefit for each eligible senior shall
12       be $1,500 for each registration period or fraction thereof.
13             (h) The secretary of aging shall remit all moneys received under this
14       act to the state treasurer at least monthly. Upon receipt of any such re-
15       mittance, the state treasurer shall deposit the entire amount thereof in
16       the state treasury and the same shall be credited to the senior prescription
17       drug program fund which is hereby created. All expenditures from the
18       senior prescription drug program fund shall be made in accordance with
19       appropriation acts upon warrants approved by the secretary of aging or a
20       person designated by the secretary. This account shall be exempt from
21       the provisions of K.S.A. 75-3170 and amendments thereto.
22             (i) Appropriations for the senior prescription drug assistance program
23       shall be made in accordance with appropriation acts.
24             Sec.  2. To implement the provisions of this act, the secretary of aging
25       is hereby authorized to:
26             (a) Negotiate and enter in to contracts for the performance of the
27       powers, duties and functions established under this act; receive grants,
28       gifts or donations from the United States government, or its agencies, or
29       any other source whatsoever for the purposes of the program established
30       under this act. Any moneys so received shall be deposited in the state
31       treasury and credited to the senior prescription drug program fund.
32             (b) Adopt rules and regulations necessary to implement the provi-
33       sions of this act and concerning the following matters which include but
34       are not limited to:
35             (1) Enrollment and application procedures;
36             (2) the amount of any dispensing fee to be paid to a participating
37       pharmacy;
38             (3) the amount of any cost reimbursement to be paid to a participat-
39       ing pharmacy;
40             (4) the amount of any copayment to be made by an eligible senior;
41             (5) any limitation on the amount of benefits received by any enrollee
42       during any registration period; and
43             (6) any other matter necessary to implement the provisions of this


  1       act.
  2             Sec.  3. Notwithstanding the provisions of section 1, the secretary of
  3       aging may perform such duties as required by this act to ensure that the
  4       senior prescription drug assistance program is fully functional on and after
  5       July 1, 2001. 
  6        Sec.  4. This act shall take effect and be in force from and after its
  7       publication in the statute book.