MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Health and Human Services; Appropriations

By: Representative Reynolds, Baker (74th), Blackmon, Brown, Calhoun, Coleman (29th), Cummings, Dedeaux, Eaton, Franks, Gibbs, Green, Holloway, Jennings, Markham, Mayhall, McBride, Miles, Moak, Montgomery, Moss, Pierce, Robinson (63rd), Rogers (61st), Smith (59th), Vince, Ward, Watson, Weathersby, Whittington, Peranich, Scott

House Bill 850

AN ACT TO ESTABLISH THE MISSISSIPPI SENIOR RX PROGRAM IN THE OFFICE OF AGING AND ADULT SERVICES OF THE DEPARTMENT OF HUMAN SERVICES; TO PROVIDE THAT THE PURPOSE OF THE PROGRAM IS TO HELP SENIOR CITIZENS ACCESS PHARMACEUTICAL MANUFACTURERS’ DISCOUNT CARDS AND PHARMACEUTICAL ASSISTANCE PROGRAMS AND TO ASSIST SENIORS IN APPLYING FOR THOSE PROGRAMS; TO PROVIDE THAT THE OFFICE SHALL COORDINATE THE OPERATION OF THE PROGRAM WITH OTHER STATE AGENCIES THAT SERVE SENIORS TO MAXIMIZE THE SERVICES AVAILABLE AND MINIMIZE THE PAPERWORK AND INCONVENIENCE TO THE SENIORS; TO SPECIFY THE CRITERIA FOR ELIGIBILITY FOR THE PROGRAM; TO PROVIDE THAT THE OFFICE SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON THE PROGRAM TO CERTAIN STATE OFFICIALS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "Mississippi Senior Rx Program."

     SECTION 2.  As used in this act, the following terms shall have the following meanings:

          (a)  "Federal poverty guidelines" means the most recent poverty guidelines as published in the Federal Register by the United States Department of Health and Human Services.

          (b)  "Income" means income from whatever source derived.

          (c)  "Office" means the Office of Aging and Adult Services of the Department of Human Services.

          (d)  "Program" means the Mississippi Senior Rx Program established in this act.

     SECTION 3.  (1)  The Legislature finds that the pharmaceutical manufacturers, seeing a need for such programs, have created drug assistance programs to aid low-income seniors with the cost of prescription drugs.  The Legislature also finds that many low-income seniors are unaware of those programs or either do not know how to apply for or need assistance in applying for the programs.  It is the intent of the Legislature that a program be implemented to assist seniors in assessing those programs.

     (2)  The Mississippi Senior Rx Program is established in the Office of Aging and Adult Services of the Department of Human Services to help seniors in accessing pharmaceutical manufacturers’ discount cards and pharmaceutical assistance programs and to assist seniors in applying for those programs.  The office shall coordinate the operation of the program with the Division of Medicaid, the State Department of Health, the Department of Mental Health, and the other offices of the Department of Human Services, to insure that the services available under the program are maximized and that paperwork and inconvenience to the seniors are minimized.  The office shall provide application forms for the program to each of those agencies, so that qualified seniors may apply for the program at the local offices of any of those agencies.

     (3)  Eligibility shall be limited to residents of the State of Mississippi who meet all of the following criteria:

          (a)  Must be sixty (60) years of age or older;

          (b)  Must have a gross income that does not exceed three hundred percent (300%) of the federal poverty guidelines; and

          (c)  Must not have any prescription drug coverage and must not have voluntarily canceled a state or federal prescription drug program or a private prescription reimbursement plan within six (6) months before application for enrollment in the program.

     SECTION 4.  Subject to appropriation for the program, the office shall provide assistance to persons determined to be eligible for services authorized by this act.  The assistance provided by the office shall include:

          (a)  Assisting seniors in accessing manufacturers' pharmaceutical assistance programs; and

          (b)  Assisting seniors in applying for manufacturers' pharmaceutical assistance programs.

     SECTION 5.  The office may seek and receive voluntary monies from any sources, including federal funds and gifts, which shall be expended for the purposes specified in this act.  The office also may accept voluntary funding in the form of grants available to build community public sector and private sector partnerships.  The office shall include within the development of the program the assistance of foundations, independent and chain community pharmacists, volunteers, state agencies, community groups, area agencies on aging, corporations, hospitals, physicians, and any other entity that can further the intent of the program.

     SECTION 6.  The office shall prepare and submit an annual report on the program to the Governor, Lieutenant Governor, Speaker of the House of Representatives, the chairman of the Senate Public Health and Welfare Committee and the chairman of the House Public Health and Human Services Committee.  Those reports shall include the number of clients served, the number of prescriptions filled and refilled, and the value of the drugs provided.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2004.