CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-08                           Bill No. CS/CS/HBs 769 & 1087

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Argenziano and Pruitt offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  Pharmaceutical expense assistance

18  program.--

19         (1)  INTENT.--It is the intent of the Legislature to

20  initiate a pharmaceutical expense assistance program for those

21  persons with very low incomes who are most in need. It is

22  further the intent of the Legislature to attempt to leverage

23  maximum pharmaceutical manufacturer participation in this

24  program.

25         (2)  PROGRAM ESTABLISHED.--There is established a

26  pharmaceutical expense assistance program which is designed to

27  provide prescription drug coverage to a limited group of most

28  needy individuals.

29         (3)  ELIGIBILITY.--Eligibility for the program is

30  limited to those individuals who qualify for limited

31  assistance under the Florida Medicaid program as a result of

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    hbd0005                     10:02 am         00769-0043-225663




                                                   HOUSE AMENDMENT

    hbd-08                           Bill No. CS/CS/HBs 769 & 1087

    Amendment No.     (for drafter's use only)





 1  being dually eligible for both Medicare and Medicaid, but

 2  whose limited assistance or Medicare coverage does not include

 3  any pharmacy benefit. Specifically eligible are the following

 4  low-income senior citizens who:

 5         (a)  Are Florida residents age 65 and over;

 6         (b)  Have an income between 90 and 120 percent of the

 7  federal poverty level;

 8         (c)  Are eligible for both Medicare and Medicaid;

 9         (d)  Are not enrolled in a Medicare health maintenance

10  organization that provides a pharmacy benefit; and

11         (e)  Request to be enrolled in the program.

12         (4)  PROGRAM PARAMETERS.--

13         (a)  The program shall make available the same

14  formulary of prescription medications that is made available

15  to Medicaid recipients. Medications shall be provided in the

16  generic equivalent if a generic equivalent exists, except when

17  a brand name medication is available at a cost lower than its

18  generic equivalent or when a physician has determined that the

19  brand name medication is necessary to achieve the desired

20  therapeutic effect and the agency approves.

21         (b)  Monthly benefit payments shall be limited to $80

22  per program participant. Participants are required to make a

23  10-percent coinsurance payment for each prescription purchased

24  through this program.

25         (5)  ADMINISTRATION.--The pharmaceutical expense

26  assistance program is to be administered by the Agency for

27  Health Care Administration, under the authority provided in s.

28  409.914(1), Florida Statutes, in conjunction with the

29  Department of Elderly Affairs and the Department of Health.

30         (a)  The Agency for Health Care Administration and the

31  Department of Elderly Affairs shall develop a single-page

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                                                   HOUSE AMENDMENT

    hbd-08                           Bill No. CS/CS/HBs 769 & 1087

    Amendment No.     (for drafter's use only)





 1  application for the pharmaceutical expense assistance program.

 2         (b)  The Agency for Health Care Administration shall,

 3  by rule, establish for the pharmaceutical expense assistance

 4  program eligibility requirements, limits on participation,

 5  benefit limitations, a requirement for generic drug

 6  substitution, and other program parameters comparable to those

 7  of the Medicaid program.

 8         (c)  By January 1 of each year, the Agency for Health

 9  Care Administration shall report to the Legislature on the

10  operation of the program. The report shall include information

11  on the number of individuals served, use rates, and

12  expenditures under the program. The report shall also address

13  the impact of the program on reducing unmet pharmaceutical

14  drug needs among the elderly and recommend programmatic

15  changes.

16         (6)  NONENTITLEMENT.--The pharmaceutical expense

17  assistance program is not an entitlement.

18         (7)  PHARMACEUTICAL MANUFACTURER PARTICIPATION.--In

19  order for a drug product to be covered under this program, the

20  product's manufacturer shall provide a rebate to the state

21  equal to an amount consistent with the Medicaid rebate of 15.1

22  percent of the average manufacturer price for innovator or

23  brand name products and noninnovator or generic products.

24         Section 2.  Medicare prescription discount program.--As

25  a condition of participation in the Florida Medicaid program

26  or the pharmaceutical expense assistance program, a pharmacy

27  must agree that the charge to any Medicare beneficiary showing

28  a Medicare card when presenting a prescription shall be no

29  greater than the amount paid to that pharmacy for ingredients

30  and dispensing under the Florida Medicaid program, plus 4

31  percent of the Medicaid payment for the ingredients of the

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    File original & 9 copies    04/26/00
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                                                   HOUSE AMENDMENT

    hbd-08                           Bill No. CS/CS/HBs 769 & 1087

    Amendment No.     (for drafter's use only)





 1  prescription.

 2         Section 3.  For fiscal year 2000-2001, the sum of $15

 3  million is appropriated from the General Revenue Fund to the

 4  Agency for Health Care Administration for the purpose of

 5  implementing the pharmaceutical expense assistance program

 6  effective January 1, 2001. Rebates collected under subsection

 7  (7) of section 1 of this act shall be used to help finance the

 8  program.

 9         Section 4.  For fiscal year 2000-2001, the sum of

10  $250,000 is appropriated from the General Revenue Fund to the

11  Agency for Health Care Administration to administer the

12  pharmaceutical expense assistance program.

13         Section 5.  The provisions of this act shall be

14  repealed upon the federal enactment of pharmaceutical benefits

15  through the Medicare program.

16         Section 6.  This act shall take effect July 1, 2000.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21  Remove from the title of the bill:  the entire title

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23  and insert in lieu thereof:

24                      A bill to be entitled

25         An act relating to delivery of health care

26         services; creating a pharmaceutical expense

27         assistance program; providing eligibility;

28         providing program parameters; prescribing

29         duties of the Agency for Health Care

30         Administration and other entities; providing

31         for rules; requiring a report; prescribing

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                                                   HOUSE AMENDMENT

    hbd-08                           Bill No. CS/CS/HBs 769 & 1087

    Amendment No.     (for drafter's use only)





 1         prerequisite that drug manufacturers must meet

 2         in order for their drug products to be covered

 3         under the program; requiring pharmacies that

 4         participate in the program or in Medicaid to

 5         agree to limitations on compensation; providing

 6         appropriations; providing for conditional

 7         repeal; providing an effective date.

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