Senate Bill sb2322c1

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    Florida Senate - 2003                           CS for SB 2322

    By the Committee on Appropriations; and Senator Peaden





    309-2331-03

  1                      A bill to be entitled

  2         An act relating to assistance in obtaining

  3         prescription drugs; creating s. 430.83, F.S.;

  4         providing a popular name; providing

  5         definitions; providing legislative findings and

  6         intent; creating the Sunshine for Seniors

  7         Program to assist low-income seniors with

  8         obtaining prescription drugs from

  9         manufacturers' pharmaceutical assistance

10         programs; providing implementation and

11         oversight duties of the Department of Elderly

12         Affairs; providing for community partnerships;

13         providing for contracts; requiring annual

14         evaluation reports on the program; specifying

15         that the program is not an entitlement;

16         providing an appropriation and authorizing a

17         position; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 430.83, Florida Statutes, is

22  created to read:

23         430.83  Sunshine for Seniors Program.--

24         (1)  POPULAR NAME.--This section shall be known by the

25  popular name "The Sunshine for Seniors Act."

26         (2)  DEFINITIONS.--As used in this section, the term:

27         (a)  "Application assistance organization" means any

28  private organization that assists individuals with obtaining

29  prescription drugs through manufacturers' pharmaceutical

30  assistance programs.

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    Florida Senate - 2003                           CS for SB 2322
    309-2331-03




 1         (b)  "Eligible individual" means any individual who is

 2  60 years of age or older who lacks adequate pharmaceutical

 3  insurance coverage.

 4         (c)  "Manufacturers' pharmaceutical assistance program"

 5  means any program offered by a pharmaceutical manufacturer

 6  which provides low-income individuals with prescription drugs

 7  free or at reduced prices, including, but not limited to,

 8  senior discount card programs and patient assistance programs.

 9         (3)  LEGISLATIVE FINDINGS AND INTENT.--The Legislature

10  finds that the pharmaceutical manufacturers, seeing a need,

11  have created charitable programs to aid low-income seniors

12  with the cost of prescription drugs. The Legislature also

13  finds that many low-income seniors are unaware of such

14  programs or either do not know how to apply for or need

15  assistance in completing the applications for such programs.

16  Therefore, it is the intent of the Legislature that the

17  Department of Elderly Affairs, in consultation with the Agency

18  for Health Care Administration, implement and oversee the

19  Sunshine for Seniors Program to help seniors in accessing

20  manufacturers' pharmaceutical assistance programs.

21         (4)  SUNSHINE FOR SENIORS PROGRAM.--There is

22  established a program to assist low-income seniors with

23  obtaining prescription drugs from manufacturers'

24  pharmaceutical assistance programs, which shall be known as

25  the "Sunshine for Seniors Program." Implementation of the

26  program is subject to the availability of funding and any

27  limitations or directions provided for by the General

28  Appropriations Act or chapter 216.

29         (5)  IMPLEMENTATION AND OVERSIGHT DUTIES.--In

30  implementing and overseeing the Sunshine for Seniors Program,

31  the Department of Elderly Affairs:

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    Florida Senate - 2003                           CS for SB 2322
    309-2331-03




 1         (a)  Shall promote the availability of manufacturers'

 2  pharmaceutical assistance programs to eligible individuals

 3  with various outreach initiatives.

 4         (b)  Shall, working cooperatively with pharmaceutical

 5  manufacturers and consumer advocates, develop a uniform intake

 6  form to be completed by seniors who wish to participate in the

 7  Sunshine for Seniors Program.

 8         (c)  May request proposals from application assistance

 9  organizations to assist eligible individuals with obtaining

10  prescription drugs through manufacturers' pharmaceutical

11  assistance programs.

12         (d)  Shall train volunteers to help eligible

13  individuals fill out applications for the manufacturers'

14  pharmaceutical assistance programs.

15         (e)  Shall train volunteers to determine when

16  applicants may be eligible for other state programs and refer

17  them to the proper entity for eligibility determination for

18  such programs.

19         (f)  Shall seek federal funds to help fund the Sunshine

20  for Seniors Program.

21         (g)  May seek federal waivers to help fund the Sunshine

22  for Seniors Program.

23         (6)  COMMUNITY PARTNERSHIPS.--The Department of Elderly

24  Affairs may build private-sector and public-sector

25  partnerships with corporations, hospitals, physicians,

26  pharmacists, foundations, volunteers, state agencies,

27  community groups, area agencies on aging, and any other

28  entities that will further the intent of this section. These

29  community partnerships may also be used to facilitate other

30  pro bono benefits for eligible individuals, including, but not

31  limited to, medical, dental, and prescription services.

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    Florida Senate - 2003                           CS for SB 2322
    309-2331-03




 1         (7)  CONTRACTS.--The Department of Elderly Affairs may

 2  select and contract with application assistance organizations

 3  to assist eligible individuals in obtaining their prescription

 4  drugs through the manufacturers' pharmaceutical assistance

 5  programs. If the department contracts with an application

 6  assistance organization, the department shall evaluate

 7  quarterly the performance of the application assistance

 8  organization to ensure compliance with the contract and the

 9  quality of service provided to eligible individuals.

10         (8)  REPORTS AND EVALUATIONS.--By January 1 of each

11  year, while the Sunshine for Seniors Program is operating, the

12  Department of Elderly Affairs shall report to the Legislature

13  regarding the implementation and operation of the Sunshine for

14  Seniors Program.

15         (9)  NONENTITLEMENT.--The Sunshine for Seniors Program

16  established by this section is not an entitlement. If funds

17  are insufficient to assist all eligible individuals, the

18  Department of Elderly Affairs may develop a waiting list

19  prioritized by application date.

20         Section 2.  The sum of $226,660 is appropriated from

21  the General Revenue Fund to the Department of Elderly Affairs,

22  and one position is authorized, to implement this act during

23  the 2003-2004 fiscal year.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2003                           CS for SB 2322
    309-2331-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2322

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 4  The Committee Substitute clarifies that duties of the program
    include training volunteers to determine when applicants may
 5  be eligible for other state programs and referring them for
    eligibility determination.
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    The bill appropriates $226,660 from the General Revenue Fund
 7  to the Department of Elderly Affairs and authorizes one
    position during FY 2003-04.
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