73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3048
 
                         House Bill 3070
 
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates State Pharmaceutical Assistance Program in Department
of Human Services to provide financial assistance to certain
persons eligible for Medicare Part D prescription drug coverage.
Authorizes department to contract with prescription drug plan to
provide services under program.
  Appropriates moneys from General Fund to Department of Human
Services for program.
  Declares emergency, effective July 1, 2005.
 
                        A BILL FOR AN ACT
Relating to state pharmaceutical assistance program;
  appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 4 of this 2005 Act:
  (1) 'Eligible person' means a resident of this state who:
  (a) Is eligible for Medicare Part D prescription drug coverage;
  (b) Has a gross annual income no more than 150 percent of the
federal poverty guidelines; and
  (c) Is not eligible to receive full coverage of prescription
drug benefits under any public or private prescription drug plan.
  (2) 'Person with dual benefits' means a person who:
  (a) Is eligible for Medicare Part D prescription drug coverage;
and
  (b) Receives prescription drug benefits under the state medical
assistance program or Title XIX of the Social Security Act. + }
  SECTION 2.  { + (1) The State Pharmaceutical Assistance Program
is created in the Department of Human Services. The program:
  (a) Shall provide financial assistance for the purchase or
provision of supplemental prescription drug coverage or benefits
for eligible persons and persons with dual benefits;
  (b) Shall determine eligibility and the amount of assistance to
be provided to eligible persons and persons with dual benefits;
  (c) Shall assist in enrolling eligible persons and persons with
dual benefits in a prescription drug plan;
  (d) May not consider the Medicare Part D prescription drug plan
in which the person is enrolled when determining eligibility; and
  (e) Shall ensure effective coordination between a Medicare Part
D prescription drug plan and the program with respect to the
payment of premiums and coverage and the payment of supplemental
prescription drug benefits for eligible persons and persons with
 
dual benefits enrolled in a Medicare Part D prescription drug
plan.
  (2) The program shall adopt rules necessary to implement this
section, including but not limited to procedures to apply to and
enroll in the program. + }
  SECTION 3.  { + (1) The Department of Human Services may
contract with one or more prescription drug plans to operate the
State Pharmaceutical Assistance Program created under section 2
of this 2005 Act.
  (2) The department or a prescription drug plan with a contract
to operate the State Pharmaceutical Assistance Program shall
require that a prescription drug manufacturer provide rebates no
less than the rebates required under federal law to participate
in the state medical assistance program. + }
  SECTION 4.  { + (1) No later than October 1, 2005, the State
Pharmaceutical Assistance Program created under section 2 of this
2005 Act shall begin to assist persons with dual benefits to
enroll in prescription drug plans. The program may automatically
enroll a person with dual benefits in a prescription drug plan
only if the program notifies the person that the person may
decline enrollment in the prescription drug plan in which the
person was enrolled and may enroll in a different prescription
drug plan.
  (2) No later than January 1, 2006, the program shall begin to
assist eligible persons to enroll in prescription drug plans. The
program may automatically enroll an eligible person in a
prescription drug plan only if the program notifies the person
that the person may decline enrollment in the prescription drug
plan in which the person was enrolled and may enroll in a
different prescription drug plan. + }
  SECTION 5.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2005, out of the
General Fund, the amount of $__, which may be expended for the
purposes described in section 2 of this 2005 Act. + }
  SECTION 6.  { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect July 1,
2005. + }
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